“Supreme Court Upholds Conviction in Attempt to Murder Case: ‘What is Important is an Intention Coupled with the Overt Act’”

In a significant ruling, the Supreme Court of India dismissed the appeal of S K Khaja, who was convicted under Sections 307 and 332 of the IPC. The apex court emphasized, “What is important is an intention coupled with the overt act committed by the appellant/accused.”

The appellant, S K Khaja, had challenged the High Court’s decision that confirmed his conviction and sentencing to rigorous imprisonment for five years and two years for the respective offenses. The case revolved around the appellant’s alleged acts of demanding ransom and threatening the public, leading to an altercation with police during his arrest.

The appellant’s counsel argued that the injuries inflicted on the police officer were not severe enough to warrant a conviction under Section 307 of the IPC. However, the State countered by pointing out that the appellant had misused his liberty and was involved in four other cases during the appeal.

In its observation, the Court noted, “The trial court, as well as, the High Court have rightly appreciated the evidence and convicted the appellant/accused – S K Khaja for the offense punishable under Sections 307 and 332 of the IPC.”

The Supreme Court dismissed the appeal, thereby upholding the conviction and sentences imposed by the lower courts. The appellant has been directed to surrender before the trial Court within a period of four weeks.

This landmark judgment serves as a reminder that the severity of the injury is not the sole criterion for conviction; the intention and the overt act are equally significant.

DATE OF DECISION: AUGUST 23, 2023

S K KHAJA vs THE STATE OF MAHARASHTRA       

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