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SUBODH ABHYANKAR
PRATAPSINGH ARYA – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. facts of the assault case. (Para 1 , 2) |
| 2. arguments regarding the absence of serious injury. (Para 3 , 4 , 5) |
| 3. court's analysis on the intention to commit murder. (Para 6 , 7 , 8 , 9 , 10) |
| 4. charge under section 307 ipc set aside. (Para 11) |
| 5. criminal revision partly allowed. (Para 12) |
ORDER :
1. The petitioners have filed the present revision petition under section 397 read with 401, and 482 of the CRIMINAL PROCEDURE CODE against of order dated 25-7-2023 passed by the IInd Additional Sessions Judge, Mahidpur, District-Ujjain (M.P.) in S.T. No. 18/2023 whereby charges have been framed against the petitioner for offence punishable under sections 307 of the Penal Code.
2. In brief, the facts of the case are that, on 22-7-2022, at around 2:46 A.M. the F.I.R. under sections 147, 323, 324, 294 and 506 of INDIAN PENAL CODE was registered against the accused persons at the instance of complainant Omsingh Parihar stating that at around 09:00 p.m. on 21-7-2022, the accused persons assaulted him. It is alleged in the FIR that complainant Omsingh Parihar along with his elder brother was going Simrole from his agriculture field, and when he reached near Ram Mandir, at that
A charge under section 307 cannot be sustained when the evidence fails to establish intent to kill, affirming a need to assess injuries and circumstances carefully.
The court held that the mere presence of injuries does not negate intent; evidence of planning and the nature of injuries confirmed the charge of attempt to murder, illustrating the required intent a....
Intent and knowledge regarding the commission of offences under Section 307 IPC can be inferred from actions and circumstances, regardless of the nature or extent of actual injuries inflicted.
The court clarified that mere injuries do not justify Section 307 IPC charges without evident homicidal intent, emphasizing strict interpretation of criminal law concerning bodily harm.
The court determined that charges must align with the severity of injuries, ruling that attempted murder charges were inappropriate given the medical evidence.
At the charge framing stage, the court only needs to establish a prima facie case indicating the accused might have committed the offence, without delving into the sufficiency of evidence.
The court affirmed that for Section 307 IPC, causing hurt with intent or knowledge is sufficient, and the trial court must assess evidence to determine if charges are warranted.
Intent to kill is essential for Section 307 IPC; mere infliction of injury does not establish attempted murder without clear evidence of intent.
For charges under IPC Section 307, mere injuries perceived as simple do not absolve the accused; intent demonstrated through acts suffices, even without grievous harm.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
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