Presence of Injury Not Essential to Attract Offence of Attempt to Murder: MP High Court
The Madhya Pradesh High Court has ruled that the presence of physical injury is not mandatory to establish an offence of attempt to murder under Section 307 of the Indian Penal Code (IPC). What truly matters is the intention or knowledge of the accused—whether their act, if not interrupted, would have resulted in the death of the victim.
In the case under consideration, the accused was alleged to have attacked the victim with a knife, resulting in minor injuries. The defence argued that since the wounds were not serious or on vital parts of the body, a charge under Section 307 IPC was unjustified. However, the Court held that the severity of injury is not the decisive factor for determining an offence of attempt to murder.
Justice Gajendra Singh observed that an act done with the intention to cause death, even if it results in no or minor injuries, can still attract Section 307 IPC. The focus of the law is on the mens rea (mental intent) of the accused rather than the outcome or extent of injury.
The Court concluded that in such cases, where the accused’s conduct and weapon used clearly indicate an intention to cause death, the charge of attempt to murder is fully maintainable, irrespective of the injury’s nature or degree.
