Government Can Resume Leased Land For Public Purpose; 'Substantial Compliance' Of 60-Day Notice Sufficient: Kerala High Court Revenue Can't Cite Pending Litigation to Justify One Year of Adjudication Inaction: Karnataka High Court Limitation | 1,142 Days of Silence: Orissa High Court Rejects Litigant's Claim That His Lawyer Never Called SC/ST Act's Bar on Anticipatory Bail Does Not Apply When Complaint Fails to Make Out Prima Facie Case: Karnataka High Court Oral Agreement for Sale Cannot Be Dismissed for Want of Stamp or Registration: Calcutta High Court Upholds Injunction Finance Company's Own Legal Manager Cannot Appoint Arbitrator — Award Passed by Such Arbitrator Is Non-Est and Inexecutable: Andhra Pradesh High Court District Court Cannot Remand Charity Commissioner's Order: Bombay High Court Division Bench Settles Conflicting Views Framing "Points For Determination" Not Always Mandatory For First Appellate Courts: Allahabad High Court Delhi HC Finds Rape Conviction Cannot Stand On Testimony Where Victim Showed 'Unnatural Concern' For Her Alleged Attacker Limitation in Partition Suit Cannot Be Decided Without Evidence: Karnataka High Court Cheque Dishonour Accused Can Probabilise Defence Without Entering Witness Box — Through Cross-Examination And Marked Documents Alone: Madras High Court Contributory Negligence | No Driving Licence and Three on a Motorcycle Cannot Mean the Victim Caused the Accident: Rajasthan High Court LL.B Degree Cannot Be Ground to Deny Maintenance to Divorced Wife: Gujarat High Court Dried Leaves and Branches Are Not 'Ganja': Delhi High Court Grants Bail Under NDPS Act Family Court Judge Secretly Compared Handwriting Without Telling Wife, Then Punished Her Hesitation: Delhi High Court Quashes Divorce Decree Co-Owner Can Sell Undivided Share in Joint Property Without Consent of Other Co-owners — Sale Deed Valid to Extent of Transferor's Share: Orissa High Court Mandatory Safeguards of Section 42 NDPS Cannot Be Bypassed — Even When 1329 Kg of Hashish Is Seized: Gujarat High Court Affirms Acquittal

Intention of the accused paramount in determining offense under IPC Section 307: Punjab and Haryana HC

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court recently upheld a lower court's order to frame charges against a petitioner accused of attempted murder under Section 307 of the Indian Penal Code (IPC) and stated that Intention of the accused paramount in determining offense. The court also dismissed the petitioner's application seeking to substitute the charge with a less severe charge under Section 323 of IPC.

The petitioner, Sukhjeet Singh, had approached the High Court seeking to challenge an order passed by the Additional Sessions Judge, Moga, Punjab, that dismissed his application under Section 228 (1) (a) of the Code of Criminal Procedure, 1973, seeking framing of charges under Section 323 of IPC in substitute of Section 307 of IPC along with other sections as mentioned in the FIR.

The case pertains to an incident that occurred on 3rd January 2020, when a group of Nihang Singhs, led by Sukhjeet Singh, along with other protesters, had gathered outside the Police Station Dharamkot in Moga, Punjab, to demand the arrest of accused persons in a murder case. The police officials present at the station tried to pacify the protesters, but Sukhjeet Singh, in furtherance of the common object of the co-accused, allegedly gave a blow with a sharp-edged weapon on the head of the complainant, SI Guljinderpal Singh.

The court observed that while framing charges under Section 307 of IPC, the court needs to see whether the act was done with the intention or knowledge and under circumstances mentioned in this section. The court further held that proof of grievous or life-threatening hurt is not a requirement for the offense under Section 307 of the IPC, and the intention of the accused can be ascertained from the actual injury and surrounding circumstances.

The court found that prima facie case under Section 307 IPC was made out against the petitioner as he had given a blow with a sharp-edged weapon on the head of the complainant. Therefore, the court dismissed the petition, warranting no interference with the order passed by the learned Additional Session Judge, Moga.

The court's decision highlights the significance of the intention of the accused in determining the nature of the offense under Section 307 of the IPC. The court's decision also emphasizes that the severity of the injury is not the only criterion in determining the nature of the offense under this section of the IPC.

Sukhjeet Singh vs  State of Punjab 

Latest Legal News