Fatal Injury not a must to invoke Attempt to Murder Charge: High Court

For justifying to invoke the charge of attempt to murder, it isn't essential that bodily injury capable of causing death should have been inflicted, the High Court of Bombay observed last week.

Justice Bharati Dangre said that “Section 307 (of the Indian Penal Code) draws a distinction between the act of the accused & its result, if any".

“Such an act may not be attended by any result so far as the person assaulted is concerned, but still there can be cases in which a person could be held liable under the section,” the Justice Dangre added.

The HC made the observation while rejecting bail applications of Sachin Gurav (27) & his brother Samir (21), both of whom have been arrested by Vijaydurg police on Sept 5, 2019, for “attempting to murder” one Bhikaji Gurav.

Police alleged that Bhikaji was prosecuted for killing Sachin & Samir’s father, & the brothers were perturbed by Bhikaji’s acquittal, & therefore they assaulted him on Sept 4, when he returned to their village.

It was argued on behalf of the Gurav brothers that it was unfortunate that Bhikaji lost his left hand in the attack, but the applicants did not intend to kill him, as they did not attack any vital organ, & therefore the attack could not be termed as an attempt to murder.

However, the Judge refused to accept the argument. The Judge said for ascertaining whether an act would fall within the ambit of Section 307, it necessary to look into the nature of the act, circumstances under which the act is committed & the intention or knowledge of the accused.

Justice Bharati Dangre said in the case at hand “the applicants nurtured motive”.

“The applicants can be attributed of clear knowledge & intention,” he said.

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