The Supreme Court stated that the purpose in attempted murder cases (under Section 307 of the Indian Penal Code) must be determined by the weapon used, the part of the body chosen for assault, and the nature of the harm produced.
The Court made this observation while rejecting an appeal filed by an accused whose conviction under Section 307 read with Section 34 of the Indian Penal Code had been affirmed by the Jharkhand High Court.
The offence of attempted murder is defined by Section 307 of the Indian Penal Code: "Whoever does any act with such intention or knowledge, and under such circumstances, that if he caused death by that act, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; If any person is harmed as a result of such conduct, the criminal is subject to either life imprisonment or the punishments listed above.
The appellants' sole argument was that because it was a case of single blow/injury, the case should have fallen under Section 323 of the IPC, and hence the lower courts erred in convicting the accused for the offence under Section 307 of the IPC.
Taking into account the evidence, the bench of Justices MR Shah and AS Bopanna concluded that a single blow caused harm to the essential parts of the body, namely the stomach and near the chest and that the type of the injury was a grave injury caused by a sharp cutting weapon.
"Thus, deadly weapons have been used and the injuries are found to be grievous in nature.
As the deadly weapon has been used causing the injury near the chest and stomach which can be said to be on a vital part of the body, the appellants have been rightly convicted for the offence under Section 307 read with Section 34 of the IPC ", the court observed.
While upholding the judgment of the High Court, the bench further said:
As observed and held by this Court in a catena of decisions nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.
Considering the case on hand on the aforesaid principles, when the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence under Section 307 IPC.