Om Prakash vs State of Punjab case held that mere intention cannot be a sufficient ground to prove a person guilty. To convict a person, then completion or an attempt must be done. As per section 307 of the IPC, intention or knowledge and attempt must be done to commit an offence. Section 511 states that the punishment for attempting an offence in which the punishment is imprisonment for life or other. Here, section 307 is to be read with section 511 of the IPC, 1860.
COURT:
Supreme Court of India
CITATION:
1961 AIR 1782, 1962 SCR (2) 254
JUDGEMENT DELIVERED ON:
April 24th, 1961
BENCH:
Hon’ble Justice RaghubarDayal, Hon’ble Justice K. Subbarao
RELEVANT ACT AND SECTION:
- Section 307 of the Indian Penal Code, 1860 which, states the punishment for attempt to murder.
- Section 308 of the Indian Penal Code, 1860 which states the punishment for attempt to commit culpable homicide.
- Section 511 of the Indian Penal Code, 1860 which states the punishment for attempting the offence punishable with life imprisonment or other imprisonment.
FACTS OF THE CASE:
- Bimla got married to appellant but after some time their relation got strained as she was ill-treated and her health deteriorated because of maltreatment and malnourishment. Hence, she left her husband’s house.
- Her husband’s maternal uncle convinced him to come back home with the assurance that she’ll not be again maltreated.
- After coming back to her husband’s home, she was again maltreated and was locked in a room, but somehow she tried to escape from there and reached a civil hospital in Ludhiana.
- Before Dying she made a statement which is known as a dying declaration in front of the magistrate. On that behalf case was registered against the appellant.
- High court concluded that the statement made by the victim was correct and her condition was all because of the maltreatment.
ISSUES FRAMED:
Whether the act committed by the accused fall under Section 307 or not?
JUDGEMENT:
Court held that the facts and circumstances show that the appellants have done an act knowing that this act can lead to the death of the victim. Court quoted a line that “Beginning of attempt is in itself an attempt”. Therefore, the appellant was held liable under section 307 read with section 511 of the Indian Penal Code, 1860 as he has done a series of acts that can be considered as an attempt. Hence, the appeal was rejected.
CASES REFERRED:
- Emperor v. Vasudeo Balwant Gogte
- Abhayanand Mishra v. State of Bihar
CONCLUSION:
The two key ingredients of section 307 are intention or knowledge and an act. The act includes any or both particular acts and a series of acts. Therefore, the appellant has done a series of acts that can be considered as an attempt and also has a knowledge of the offence that he was committing. Hence, the appellant was held liable under section 307.
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