Supreme Court Modifies Conviction Under Section 307 IPC to Sections 323 and 324 in Vellore Assault Case

In a recent judgment, the Supreme Court of India has altered the conviction of two appellants, Sivamani and Dinesh Kumar, from Section 307 (attempt to murder) of the Indian Penal Code (IPC) to Sections 323 and 324 (causing simple hurt). The judgment was passed on 28^th November 2023, in the case of Sivamani and Anr. Vs. State Represented by Inspector of Police, Vellore Taluk Police Station, Vellore District, with the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah.

This criminal appeal, numbered 3619 of 2023, originated from a Special Leave Petition (Crl.) No.5136 of 2022. The appellants challenged the High Court’s affirmation of their conviction under Section 307 IPC and the reduction of their sentence from 10 years to 5 years Rigorous Imprisonment.

The case revolved around an assault incident stemming from a land dispute. The appellants, along with others, were accused of conspiring and attempting to murder the complainant (PW1) in his grocery shop, leading to the initial conviction under Section 307 IPC by the trial court.

In its detailed judgment, the Supreme Court highlighted that the injuries inflicted on the victims were simple and did not indicate an intent to kill, which is a requisite for conviction under Section 307 IPC. The Court, referring to precedents like State of Madhya Pradesh v Saleem and others, emphasized the importance of assessing the severity of injuries and the intent behind the act to ascertain the appropriateness of the charges.

Modifying the High Court’s judgment, the Supreme Court ruled that the conviction under Section 307 IPC was unsustainable and altered it to Sections 323 and 324 IPC. The sentence was reduced to the period already undergone by the appellants, and the imposed fine was maintained.

 Date of Decision: 28th November 2023

SIVAMANI AND ANR. VS STATE REPRESENTED BY INSPECTOR OF POLICE