For an offence under Section 307 IPC, intention or knowledge relating to the commission of murder must be established; mere attempt without grievous harm does not suffice.

Judgment

REPORTABLE 17/01/2024

Revision petition No. 657/2023 has been filed by the petitioner against the order dated 15.05.2023 passed by learned Additional Sessions Judge, Pali in Sessions Case No. 32/23 whereby, the learned court below framed charges against the petitioners for offence under Sections 332, 336, 353, 307/34 IPC and Section 50C/177, 100(2)/177 of Central Motor Vehicles Act.

Revision Petition No. 658/2023 has been filed by the petitioner against the order dated 15.05.2023 passed by learned Additional Sessions Judge, Pali in Sessions Case No. 32/23 whereby, the learned court below framed charges against the petitioners for offence under Sections 332, 336, 353, 307/34 IPC and Section 50C/177, 100(2)/177 of Central Motor Vehicles Act.

Brief facts of the case are that complainant Sharwan Singh filed a written report before the SHO, Police Station, Transport Nagar, Pali stating therein that on 04.08.2022, he received an information from Police Control room to stop a Bolero Camper vehicle being driven at a high speed. Accordingly, a police barricade was laid and the driver of the vehicle was signalled to stop, but the driver with an intention to kill the team members, tried to run over and hit the barricade.

On this report, the police registered a case and started investigation. After due investigation, the police filed challan against the present petitioners. Thereafter, the case was committed for trial in the court of Additional Sessions Judge No.2, Nagaur where the learned trial court framed the charges against the present petitioner for the offence mentioned above.

Learned counsel for the petitioner argued that no offence under Section 307 IPC is made out against the petitioner as the complainant did not receive any grievous injury on any vital parts. As per the statement of the complainant, an attempt was made by the petitioner but no serious injury was received by the complainant. It is argued that petitioner Ashok Kumar was driving the vehicle and other co-accused were sitting besides him in the vehicle. As per injury reports of the injured, only pain has been mentioned in the body of injured, therefore, the trial court has committed an error in framing charge for offence under Section 307 IPC.

Per contra, learned Public Prosecutor argued that the petitioner ran over the blockade and wanted to cause bodily injury to the complainant, therefore, the trial court has not committed any error in framing charge for offence under Section 307 IPC and all other questions raised with regard to the present case are to be considered by the learned Trial Court at the appropriate stage. Further it is settled proposition of law that at the stage of framing of charge, the scope of powers conferred under Section 397 Cr.P.C is very limited.

I have thoughtfully considered the arguments advanced on behalf of the parties and perused the material available on record.

From the perusal of documents on record, it is evident from the injury reports of the injured that no grievous injuries have been caused to the injured. The injured Pramod Kumar and Rakesh Kumar had pain in the body and received simple injuries. As per the statement of the witnesses, the accused although wanted to inflict injury upon the complainant but no injury was received by the complainant.

Section 307 of the IPC titled as "Attempt to murder" reads as follows :-

"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."

Section 307 of IPC, requires the commission of an overt act with intention or knowledge that if his act had caused death it would amount to murder. The second part of Section