High Court Upholds Conviction of Accused for Attempted Murder Under Section 307 IPC, Acquits Co-accused Due to Insufficient Evidence

In a recent judgment, the High Court of Karnataka at Bengaluru upheld the conviction of an individual under Section 307 of the Indian Penal Code (IPC) for the attempted murder. The Court, in Criminal Appeal No. 932 of 2012, sentenced the appellant, accused of assaulting with a chopper and causing grievous injuries, to rigorous imprisonment for five years along with a fine of Rs. 5,000. In default, the accused faces a further one-year simple imprisonment.

The appellant, in an incident dating back to 2011, was convicted of assaulting the victim, identified as PW3 in the case, in a fit of enmity. The Court noted in its judgment, "The evidence of PW1, PW3, and PW5 will establish that appellant - accused No.1 assaulted PW3 with a chopper and caused injuries" (Para 8). The judgment clearly elaborated on the sequence of events and the role of the accused in the crime.

However, in a significant turn, the Court acquitted the co-accused, initially charged under Section 114 read with Section 307 of IPC. The acquittal of accused Nos. 2 and 3 came due to insufficient evidence against them. The Court observed, "The trial Court has erred in convicting appellant - accused Nos. 2 and 3 for the offence under Section 114 read with Section 307 of IPC" (Para 12).

This ruling is a reminder of the justice system's rigor in examining the available evidence and its implications. The detailed judgment, delivered by the Hon'ble Mr. Justice Shivashankar Amarnnavar, sheds light on the complexities involved in criminal trials, especially in cases involving multiple accused with varying degrees of involvement.                                                                                      

Date of Decision: 22 January, 2024

HARISH VS STATE OF KARNATAKA