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Supreme Court recently held that it is not mandatory that injury must be on a "vital part" of the body, any injury causing 'hurt' is sufficient to attract S. 307 I.P.C.
It was observed by 2 judge bench including Justice L. Nageswara Rao and Justice Indu Malhotra, if the assailant tries to cause anybody an injury with intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would apply.
In the case of State of MP vs. Harjeet Singh, on the ground that the injuries caused were on “unimportant parts” of the complainant’s body, the conviction of the accused was converted from Section 307 to Section 324 of the Indian Penal Code by the High Court. The High court' The Accused /Respondents having an intention to commit murder would never cause injuries over such "unimportant" parts of the body, the High court had observed.
Considering the medical report, in the appeal filed by the state, it was observed by the Apex Court that the finding of the High Court that the stab wound on the chest remained up to the depth of the cavity over the left side of the chest and the lungs were not affected, is not practically possible, and contrary to the medical record, the apex court held that:
"Stabbing a person with a knife, near his vital organs would in most circumstances lead to the death of the victim, thereby falling squarely within the meaning of Section 307.”
It was further added by the bench that the term "hurt" used in section 307 has been explained in Section 319, I.P.C.; and not "grievous hurt" within the meaning of Section 320 I.P.C. If a person causes hurt with the intention or knowledge that he may cause death, it would attract Section 307, the court added. The Court said that,
“If the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable. There is no requirement for the injury to be on a "vital part" of the body, merely causing 'hurt' is sufficient to attract S. 307 I.P.C"
The bench set aside the High court judgment considering other on record evidence and the conviction recorded by the Trial court was restored.
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