For conviction for offence punishable u/s 307 IPC, it is not necessary that victim should suffer injury: Delhi HC

Read Judgment: Gain Chand @ Rahul V. The State Govt. of Nct, Delhi

Pankaj Bajpai

New Delhi, January 17, 2022: Considering the weapon of offence and the vital part of the body where injury is inflicted, and fact that the intention of (Gain Chand) appellant to commit murder was evident, the Delhi High Court confirmed the conviction awarded by Trial Court u/s 307 of the IPC. 

The Bench of Justice Mukta Gupta observed that for conviction for offence punishable u/s 307 of IPC, it is not necessary that the victim should suffer an injury. 

And, in a case where the offence is committed with an intention to commit the murder of the victim, Section 307 IPC would be attracted. 

When the prosecution has proved beyond reasonable doubt that the appellant has committed the offence punishable u/s 307 IPC, no case is made out for interference with the judgment of conviction.

Going by the background of the case, the Appellant was living with his wife and his mother-in-law at their house when an altercation took place. It was alleged that the appellant came back intoxicated, went to the kitchen, took the axe and hit the mother-in-law and the wife resulting in grievous injury to the mother-in-law and simple injury to the wife. The case of the two injured victims was that the appellant ran away from the place of incident immediately after inflicting the injuries, however, the appellant was arrested from his house. 

Later, in view of the material contradictions in the testimony of the witnesses, the appellant was acquitted of the charge for offence punishable u/s 307 of IPC or in the alternative be released on the period already undergone which was more than half the sentence awarded. 

Going by the background of the case, the High Court found that in the present case, the appellant had used the axe with which he inflicted injury on the victim Anita on the vital part of the body i.e. the face.

“From this injury itself, it is evident that there was a permanent disfiguration of the face of the victim leaving a scar thereon and thus the same would fall within the definition of grievous hurt u/s 320 IPC even if the prosecution has not proved fracture on the basis of bony X-ray report”, observed the Court.

Justice Gupta found that when her mother requested the appellant to do some work for earning the livelihood and to bear the family expenses, the appellant got angry and started abusing her mother and threatened as well. 

The Single Judge therefore opined that when the prosecution had proved beyond reasonable doubt that the appellant had committed the offence punishable u/s 307 IPC, no case was made out for interference with the judgment of conviction.