Fatal injury not a must to invoke attempt to murder charge: Bombay high court
For justifying to invoke the charge of attempt to murder, it is not essential that bodily injury capable of causing death should have been inflicted, the Bombay high court observed last week.
“Section 307 (of the Indian Penal Code) draws a distinction between the act of the accused and its result, if any,” said justice Bharati Dangre.
“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 judge added.
The high court made the observation while rejecting bail applications of Sachin Gurav (27) and his brother Samir (21), both of whom have been arrested by Vijaydurg police on September 5, 2019 for “attempting to murder” one Bhikaji Gurav.
Police claimed that Bhikaji was prosecuted for killing Sachin and Samir’s father, and the brothers were perturbed by Bhikaji’s acquittal, and therefore they assaulted him on September 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, and therefore the attack could not be termed as an attempt to murder.
Justice Dangre, however, 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 and the intention or knowledge of the accused.
The judge said in the case at hand “the applicants nurtured motive”.
“The applicants can be attributed of clear knowledge and intention,” he said.