IMPORTANT POINT
Proof of grievous or life-threatening hurt is not a sine qua non for the offence u/s 307.

JUDGMENT

Dr. Dhananjaya Y Chandrachud, J.

1 Delay condoned.

2 This appeal is by the State against the judgment and order dated 2 December 2011 of the High Court of Madhya Pradesh at its Gwalior Bench. The High Court converted the conviction of the respondent under Section 307 of the Indian Penal Code (“Penal Code”) to Section 324 of the Indian Penal Code and sentenced him to imprisonment for forty days, undergone by him, with a fine of Rs 3,000.

3 According to the prosecution, on 8 October 2003, an altercation took place between two parties. The respondent, with an intention to kill one Dashrath Singh, shot him with a fire-arm and caused bleeding injuries on his right thigh. The brother of Dashrath Singh filed a complaint on the same day at the Gwalior Police Station. It was stated in the complaint that there was enmity between the parties over a love marriage which was opposed by the families as well as a dispute over a disc cable connection business. The allegation against the accused was that armed with deadly weapons, they formed an illegal assembly with a common motive of causing harm to the injured. The charge-sheet was filed under Sections 147 and 307 read with 149 and 323 of the Penal Code. The respondent was found guilty of the offence under Section 307 of the Penal Code and was sentenced to undergo rigorous imprisonment for three years along with a fine of Rs 1,000 by the Trial Court. Seven other co-accused were acquitted of all the charges levelled against them.

4 The respondent preferred an appeal before the High Court. The High Court converted the conviction of the respondent from that under Section 307 to Section 324 of the Penal Code and sentenced him to imprisonment for forty days, which had already been undergone by him, with a fine of Rs 3,000.

5 The State has preferred this appeal, by Special Leave.

6 We have heard learned counsel for the State and learned counsel appearing for the respondent.

7 Learned counsel appearing for the State submitted that the High Court based its judgment on a manifestly incorrect appreciation of the evidence. Eleven punctured wounds of sizes varying from 0.4 x 0.5 cm to 0.4 x 0.6 cm were found on the body of the injured by Dr P K Mishra (PW 1). These injuries were stated to have been caused by a firearm six hours prior to the medical examination. It is urged by the learned counsel for the State that the High Court has failed to consider the evidence before it. The nature of injuries as well as the weapon of offence clearly prove an intention to commit murder and the hurt caused satisfies the ingredients of Section 307 of the Penal Code. Hence the appeal deserves to be allowed.

8 On the other hand, learned counsel appearing for the respondent submits that the nature of the injuries was not explained in the evidence of the prosecution. Neither Dr PK Mishra (PW1) nor Dr Amar Mukund Tiwari (PW2) gave their opinion about the nature of the injuries and there was no evidence to prove that the injuries caused to Dashrath Singh were grievous in nature or life-threatening. Hence, it is urged by the learned counsel that they are simple injuries. It was further submitted that since the injuries were caused by an instrument of shooting, the offence will fall under Section 324 instead of 307 of the Penal Code.

9 The High Court accepted the contention of the respondent that the nature of injuries was not conclusively proved. The High Court held that in the absence of evidence that the injuries were grievous or dangerous to life, they were simple in nature. In the view of the High Court, the offence will fall under Section 324 instead of Section 307 of the Penal Code.

10 Section 307 of the Penal Code reads thus:

“307.Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall al