2013 Supreme(P&H) 702

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
CRA No.823-SB of 2000
Bawa Singh & Ors.
v.
State of Punjab
{Decided on 25/07/2013}

Headnote:Common Intention--There must be prior meeting of minds coupled with overt act by each accused.

       Attempt to Murder--That means, an act though sufficient in the ordinary course of nature to cause death, would not always constitute an offence under this Section, if the necessary intention or knowledge on the part of the accused is lacking.

       Attempt to Murder--In any case, the medical opinion, should be definite and specific that if the indicated injuries were not timely treated or but for timely medical aid, injuries on the person of complainant, were sufficient in the ordinary course of nature to cause death and hence dangerous to life--Injury described by the doctor as 'dangerous to life' alone would not be sufficient.

       (A) Indian Penal Code, 1860, S.34--Common Intention--The constructive liability under this provision would arise only if it is proved that accused shared common intention to commit a criminal act and actually participated with the main accused in doing such act in furtherance of their common intention. (Para 19)

       (B) Indian Penal Code, 1860, S.34--Common Intention--There must be prior meeting of minds coupled with overt act by each accused.

       A criminal court fastening vicarious liability must satisfy itself as to the prior meeting of minds and participation of the accused in the commission of the actual crime and in the absence of the same, the provision of section 34 cannot be applied.

       (C) Indian Penal Code, 1860, Ss.307 & 34--Attempt to Murder--Common Intention--Acquittal--Appellant only raised a lalkara 2/2½ acres away from the spot and was empty handed--Neither any specific role nor any overt-act is attributed to him--He did not accompany his sons appellants to the place of occurrence distance of 2/2½ acres away from the provision of Section 34 IPC--His false implication by the complainant in the present case cannot be ruled out due to previous enmity--He deserves the benefit of doubt and acquittal. (Para 22)

       (D) Indian Penal Code, 1860, S.307--Attempt to Murder--An attempt for purpose of Section 307 IPC should stem from a specific intention to commit murder--That means, an act though sufficient in the ordinary course of nature to cause death, would not always constitute an offence under this Section, if the necessary intention or knowledge on the part of the accused is lacking--Thus, for the purpose of this offence, what is material, is the intention or knowledge and not the consequence of the actual act done for the purpose of carrying out that intention. (Para 30)

       (E) Indian Penal Code, 1860, S.307--Attempt to Murder--Intention and knowledge to cause death are essential Ingredients--Intention and knowledge being a man's state of mind, cannot possibly be proved by direct evidence thereof except through his own confession--In the absence of such a confession, intention and knowledge can only be inferred and proved by the surrounding circumstances oozing out of the evidence on record. (Para 30)

       (F) Indian Penal Code, 1860, S.307--Attempt to Murder--Medical Opinion--In order to invoke section 307 IPC, the prosecution ought to have obtained the clear opinion from the surgeons, who performed the operations--In any case, the medical opinion, should be definite and specific that if the indicated injuries were not timely treated or but for timely medical aid, injuries on the person of complainant, were sufficient in the ordinary course of nature to cause death and hence dangerous to life. (Para 33)

       (G) Indian Penal Code, 1860, Ss.307 & 326--Attempt to Murder--Acquittal--Grievous Hurt--Medical Opinion--Injury described by the doctor as 'dangerous to life' alone would not be sufficient and such type of injury/opinion is not the type of the injury as would attract the provisions of Section 307 IPC, which envisages an injury sufficient in the ordinary course of nature to cause death--Such injury would fall within the domain of clause Eighthly of Section 320 IPC and would be punishable under Section 326 IPC and charge under Section 307 IPC cannot legally be sustained. (Para 35)

       (H) Indian Penal Code, 1860, Ss.307 & 326--Attempt to Murder--Acquittal--Grievous Hurt--Medical Opinion--Injuries caused by sharp edged weapon--Prosecution has neither obtained the medical opinion with regard to (dangerous) nature of injuries from any of the doctors, who had actually performed his operations nor examined them, for the reasons appellants were deprived of their valuable right to cross-examine them to ascertain the nature of injuries, which has caused a great prejudice to their case. (Para 31)