The appellants along with three others were named by the Complainant in First Information Report No.409/12 dated 15.09.2012 under Sections 294(b), 323, 324, 452 and 307 read with 109 of the IPC accusing them of a conspiracy to cause the death of the Complainant.
Also Read: https://newslaw.in/supreme-court/unfair-charge-framing-a-legal-analysis/
Upon trial, the Accused Nos.1, 2 3 and 5 were acquitted and the appellants, who were Accused Nos.3 and 4 were convicted under Section 307, IPC and sentenced to 10 years’ Rigorous Imprisonment and fined Rs.1000/- each. Consequently, on 15.09.2012, while PW1 was in his grocery shop, on the instigation of Accused No.1, Accused Nos.2 and 5 along with the appellants (Accused Nos.3 and 4) reached the shop.
It was submitted that even the prosecution story would indicate that a quarrel had arisen 6 between the Accused No.1 and PW1, due to which a complaint to the police was made by PW1, which further aggravated the enmity. It was submitted that the two victims had sustained only simple injuries, whereas one victim-PW2 had complained that she had fallen upon being attacked on her back
but she did not sustain any extraordinary injury and even that was found to be simple in nature.
Attempts by life convicts.—When any person offending under this section is 8 under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this section. ’
The position that because a fatal injury was not sustained alone does not dislodge Section 307, IPC conviction has been reiterated in Jage Ram v State of Haryana, (2015) 11 SCC 366 and State of Madhya Pradesh v Kanha, (2019) 3 SCC 605.
We are further inclined to accept the submissions of the learned counsel for the appellants that from the materials on record, only offences under Sections 323 and 324 of the IPC can 11 be made out.
The appeal is disposed of accordingly.
Case Title: SIVAMANI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE
Case Number: Crl.A. No.-003619-003619 / 2023
