Back
IN THE HIGH COURT OF ALLAHABAD
R. K. Chowdhary, J.
BADSHAH SINGH - Appellant
Versus
STATE - Respondents
Criminal Appeal 151 Of 1956
Decided On : 03/04/1958
ATTEMPT TO MURDER - SECTION 307, I. P. C. - ACT OF FIRING PISTOL AT CLOSE RANGE - INTENTION TO KILL - CONVICTION UPHELD.
Fact of the Case:
Badshah Singh fired a pistol at Dular from a very close range, causing superficial injuries. The prosecution claimed it was an attempt to murder, while the defense argued it was only an offense under Section 324, I. P. C., due to the nature of the injuries.
Finding of the Court:
The court held that Badshah Singh's act of firing the pistol at Dular from a close range constituted an attempt to murder under Section 307, I. P. C., as he had done all that was necessary to commit murder, and the failure to cause fatal injuries was due to factors beyond his control.
Issues: Whether Badshah Singh's act of firing a pistol at Dular from a close range constituted an attempt to murder under Section 307, I. P. C., despite the superficial nature of the injuries caused.
Ratio Decidendi: The court reasoned that Section 307, I. P. C., does not consider the effect of the accused's act except as a measure of sentence, and that Badshah Singh's act of firing the pistol at Dular from a close range was sufficient to bring his act within the mischief of the section, as he would be deemed to have fired the pistol with the knowledge that the shot could prove fatal.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of Badshah Singh under Section 307, I. P. C., rejecting the defense's argument that he should be credited with purposely using defective ammunition.
( 1 ) THIS is an appeal by three men, Badshah Singh, Khunni Stngh and Kunwar Singh, against the judgment and order of the learned Additional Sessions Judge of Shahjahanpur. He convicted and sentenced Badshah Singh to seven years R. I. and a fine of Rs. 200/-, or further rigorous imprisonment for one year in default of payment of fine, under Section 307, I. P. C. , Khunni singh to one years R. I, and Rs. 50/- fine, or further rigorous imprisonment for three months in default of payment of fine, under Section 323, I. P. C. , and Kunwar Singh to six months R. I under Sections 323/109, I. P. C. Khunni Singh and Kunwar Singh are uncles of Badshah Singh. One other tried along with the appellant, Munshi Singh, was acquitted mainly on the ground that the two main witnesses in this case were inimical to him.
( 2 ) THE prosecution of the appellants was based upon an incident which, it is common. ground, did take place at about 8 a. m. on 12-8-1954 in a plot of land outside village Areli within police station Nigohi in the district of Shahjahanpur. It is common ground that Dular P. W. 1 and his nephew Raja Ram P. W. 3 were ploughing the field when the appellant Badshah Singh came up and tried to prevent them from doing so. Each party claimed to have been in possession of the field and accused the other of aggression. According to the prosecution, Khunni Singh and Kunwar Singh appellants were also with dadshah Singh and, when Dular refused to accede to the protests of Badshah Singh, Khunni singh gave Raja Ram a lathi blow and Badshah Singh shot at Dular with a pistol at the instigation of Kunwar Singh.
( 3 ) KHUNNI Singh and Kunwar Singh pleaded alibi and Badshah Singh denied having fired at dular and pleaded that when he protested he was assaulted by Dular and his companions. No counter report was lodged toy any of the appellants, nor did Badshah Singh get himself medically examined. The defence of Badshah Singh and Kunwar Singh was that when subsequently the latter came to know of the incident from the former both of them went to the police station to lodge a report but were prevented from doing so because they were placed under arrest there. No defence was however led in support of this latter plea, nor was any question put relating to that plea to Head Constable Babu Ram P. W. 2, who registered the report lodged by Dular at P. S. Nigohi at 12-20 oclock on the day of the occurrence, or to S. I. Hari Bhajan P. W. 6, Station officer of the police station, who investigated the case.
( 4 ) THE prosecution produced three eye-witnesses, the two victims Dular P. W. 1 and Raja Ram P. W. 3, and Hira Lal P. W. 4 who was scraping grass close to the field of occurrence, while the defence produced one witness Sita Ram. D. W. 3 in support of the counter version. The defence also produced two other witnesses Atjar Singh and Hulas Singh in support of the defence plea that the disputed field had been in possession of Badshah Singh. The injuries of Dular and Raja Ram were examined by Dr. S. R. Khanna, Medical Officer in charge of the District hospital at Shahjahan-pur, in the midnight between the 12th and 13th august 1954, He found, the following injuries on Dular:
A large number of small and round gunshot wounds, each 1/10" x 1/10"x skin deep, spread in an area of 6" x 3 1/2" on the left buttock. He found blackening present on some wounds. Screening showed four small and round radio opaque shadows in outer and upper part of the left thigh resembling gunshots. The doctor took out 5 pellets from the wound. In the opinion of the doctor the firearm had been fired from a very close range. In the opinion of the doctor, the injury caused to Dular was a simple one. On the person of Raja Ram the doctor found one abrasion -- 3/4" x 1/6" on the front part of the phalanx of the left thumb, the injury being simple and appearing to have been caused with a blunt weapon like a lathi. The injuries were stated before the doctor to have been caused at
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
