Proof of grievous or life-threatening hurt is not essential for the offence punishable u/s 307 of the IPC. The intention of the accused can be ascertained from the actual injury and surrounding circumstances.

JUDGMENT

1. The Trial Court has delivered the impugned judgment on 20/05/2003 in Sessions Case No.132/2002 and has convicted the respondent/ accused for offences punishable u/s 324 and 452 of the IPC. It would be appropriate to reproduce paragraph No.41 and the order thereunder, as follows :-

"As to point No.iv :- In view of the answers to the point Nos. (i) to (iii) and there being no special reasons for not resorting to the provisions of the Probation of Offenders Act, 1958, this Court can definitely extend the benefit of Section 4 of the Probation of Offenders Act, 1958 to the accused having considered his age, when no previous conviction was proved against the accused, circumstances of the case, the nature of the offences, it feels that instead of sentencing the accused at once to any punishment he be released on his entering into a bond without sureties to appear and receive sentence when called upon for a period of two years for Rs.2,000/- (Rupees Two Thousand) and in the mean time to keep peace and be a good behaviour. Hence this point is answered accordingly. In the result, the following order is passed.

ORDER

I. The accused is convicted as per Section 235 of the Code of Criminal Procedure, 1973 for the offences punishable under sections 324 and 452 of the Indian Penal Code. However, for the reasons stated above, he be released on his entering into a bond without sureties for Rs.2,000/- (Rupees Two thousand) for two years to appears and receive sentence when called upon, during such period and in the meantime to keep the peace and be of good behaviour.

II. The accused is acquitted as per Section 235(1) of the Code of Criminal Procedure, 1973 for the offence punishable u/s 307 of the Indian Penal Code.

III. The seized clothes of the victim being shown as worthless and useless be destroyed after the expiry of appeal period.

IV. The seized clothes of the accused, the cash amount seized from the possession of the accused be returned to him after expiry of appeal period.

V. The seized knife be sent to the District Magistrate, Nanded for disposal as per law after the expiry of appeal period."

2. By this appeal, the State of Maharashtra prays for conviction of the respondent u/s 307 of the IPC. In the event, this Court is not convinced that the respondent has committed an offence punishable u/s 307 of the IPC, this Court may award maximum sentence for the offence punishable u/s 324 and 452 of the IPC.

3. It is undisputed that the accused has not challenged his conviction u/s 324 and 452 of the IPC. Since he was acquitted for the offence punishable u/s 307 and was granted the benefit of Section 4 of the Probation of Offenders Act, 1953, he chose to accept the verdict. By this appeal, the State prays for quashing the conclusion of the Trial Court in clause (ii) of the order, reproduced above and by setting aside the conviction u/s 324, it is prayed that the accused be convicted u/s 307 and his conviction u/s 452 of the IPC may be maintained.

4. In the above backdrop, we are required to consider this appeal to a limited extent since the prosecution has succeeded in proving it's case u/s 324 and 452 of the IPC. This Court is, therefore, obliged to decide whether the offence committed by the accused could be punishable u/s 307 or whether the conviction u/s 324 with section 452 could be maintained ?

5. Section 307 of the IPC reads as under :-

"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 also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life] or to such punishment as is hereinbefore mentioned."

6. The Hon'ble Apex Court has recently delivered a judgment in the matter of State of M.P. Versus Kanha @ Omprakash, (2019) 3 SCC 605. The