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IN THE HIGH COURT OF MADHYA PRADESH
Rajeev Gupta and R.P. Gupta, JJ.
Mittu Lal alias Manohar
Vs.
State of M.P.
Cr. A. No. 209 of 1988 (J)
Decided On: 25.03.1998
ATTEMPT TO MURDER - SECTION 307 IPC - MEDICAL EVIDENCE - INTERPRETATION - COURT'S ANALYSIS AND CONCLUSION - CONVICTION UNDER SECTION 308 IPC INSTEAD OF SECTION 324 IPC - SENTENCE ENHANCED.
Fact of the Case:
Accused Mittu was convicted under Section 324 IPC for voluntarily assaulting Gokul with a knife and causing 6 incised wounds on various parts of his body. The State appealed for enhancement of sentence, arguing that the injuries were sufficient to cause death and the offense should have been under Section 307 IPC.
Finding of the Court:
The court found that the medical evidence, including the testimony of Dr. Rai who performed surgery on Gokul, indicated that the injuries were serious and could have caused death if not for medical treatment. The court held that the accused's act fell under Section 308 IPC, which deals with attempt to culpable homicide not amounting to murder.
Issues: 1. Whether the injuries caused by the accused were sufficient to cause death and fell under Section 307 IPC or Section 324 IPC. 2. Whether the sentence imposed by the trial court was appropriate.
Ratio Decidendi: 1. The court interpreted the medical evidence to conclude that the injuries were serious and could have caused death if not for medical treatment. The court distinguished between the mens rea required for Section 300 IPC (murder) and Section 308 IPC (attempt to culpable homicide not amounting to murder), finding that the accused's mens rea fell under the latter. 2. The court considered the accused's young age at the time of the offense, the length of the trial, and the fact that he had already served 3 days in jail. The court exercised its discretion to enhance the sentence to a fine of Rs. 5000/- in default of which he would undergo R.I. for 1 year.
Final Decision: The court convicted the accused under Section 308 IPC instead of Section 324 IPC and enhanced the sentence to a fine of Rs. 5000/- in default of which he would undergo R.I. for 1 year. The court also directed that a sum of Rs. 3000/- be paid to the injured as compensation.
1. This judgment will dispose of Cr. Appeal Nos. 209/88, 510/88 and 802/88. These arise from the judgment dated 1-2-88 of II Addl. Sessions Judge, Damoh whereby accused Mittu who is appellant in Cr.A.No.209/88, was convicted for offence punishable u/s 324 IPC and sentenced to fine of Rs. 3000/-. The second accused Kodu father of Mittu was acquitted. They were tried on the charge of attempt to murder punishable u/s 307/34 IPC for having attempted to murder Gokul. Cr. A. No. 510/88 was filed by the State u/s 377 (1) Cr.P.C. for enhancement of sentence against the accused even if the guilt was restricted to Section 324 IPC in view of 6 incised wounds given by this accused to the victim. The third Appeal i.e. Cr. A. 802/88 has also been filed by the State u/s 378 (1) /378 (3) Cr. P.C. after obtaining leave to file appeal. The leave was granted only in respect of Mittu and was refused in respect of Kodu.
2. The short allegations which were found estableshed by the trial court against Mittu were that on 26-4-87 in village Kishanganj at about 4. p.m. this accused voliuntarily assaulted Gokul with a knife and gave 6 incised wounds on various parts of his body including chest and back. The charge was that he gave these injuries with an intention to cause death of Gokul but the finding was that it was a voluntary attack by knife by the accused which resulted in simple hurt but the evidence regarding attempt to murder was lacking considering the medical evidence produced by the prosecution.
3. In these appeals it is sufficient to restrict ourselves to the question whether there was sufficient evidence to show that the offence fell u/s 307 IPC or under any provision of Indian Penal Code was ever then S. 324 IPC. Learned counsel for the appellant, in Cr. A. 209/88, does not press this appeal against conviction for the offence u/s 324 IPC or against sentence of fine but asserts that the appeals filed by the State have no merit.
4. As against this learned State counsel urges that the trial court omitted to read or perceive properly certain vital portions of the testimony of PW 12 Dr. Rai who performed operation on victim Gokul to save him from death. This doctor had stated that but for the medical treatment the patient would have died as there was surgical emphysima. The argument is that this part of the testimony has been totally ignored by observing that the report of the doctor is that the condition was normal and there was no report that the patient would have died but for the treatment.
5. The accused had given 6 stab wounds to Gokul. These are as under :-
(i) Incised wound 1 1/4" x 3/4" x 2" on the right side of chest at 7th intercostal space, direction below upwords and medially.
(ii) Incised wound 1" x 1/2" x 1 1/2" on the left side of the chest of 6th intercostal space, direction below upward and medially.
(iii) Incised wound 1 1/4" x 3/4" x 2" on the left hypocoudrian region. Direction downwards, forwards and backwards.
(iv) Incised wound 1 1/2" x 3/4" x 2 1/2" on the right side back 5 1/2 " below the lower border of Rt. scapular. Direction above and downwards.
(v) Incised wound 1" x 3/4 x 2" on the upper and inner part of left buttock. Direction backward and upwards.
(vi) Incised wound 1/2" x 1/5" x skin deep on the Rt. thigh medial aspect.
These were noticed by Dr. Sunar (PW II) who opined that these were caused by sharp edged weapon and the patient was refferred to the Distt. Hospital. The opinion regarding their nature was reserved till x-ray examination of the various injuries. Of course, he reported that injuries were on vital parts of the body such as chest and he could not know at that time it any internal organs were also injured corresponding to external injuries.
6. PW 9 Dr. Tiwari had examined the x-ray plates of Gokul on 27-4-87. The doctor found fluid present in the right cavity. But did not found any bony injury. He gave his report Ex. P-8. This doctor explains that normally pleural cavity does not contain any fluid and
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