Fireman Ghulam Mustafa Vs. State of Uttaranchal
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Head Note
Indian Penal Code,1860 - Section 307 , Section 325
Attempt to Murder - Offence Modified - Nature of offence - Just before the occurrence PW1 came to the Fire Station for surprise check and recorded the absence of the accused in the general diary and returned home - Within few minutes the appellants/accused armed with lathis went to his house and indiscriminately beat him with lathis causing injuries in neck, chest, hands, buttocks and thighs - PW3 Dr. mentioned in her report that injury nos.11, 17 and 18 are grievous in nature - In fact the grievous injuries are the fractures of wrist bones in both the hands - Though the injuries caused were 18 in number they were not on vital parts of the body - Appellants had acted in a state of fury but it cannot be said that they caused those injuries with the intention to cause death - Appellants not liable to be convicted for the offence under Section 307 IPC and at the same time for having voluntarily caused grievous hurt they are liable to be punished under Section 325 IPC - Occurrence had taken place in the year 1998 when all the accused were in their mid -20s and they have been dismissed from service - Both the appellants have undergone about 17 months rigorous imprisonment - Considering the circumstances of the case and keeping in view the age of the appellants, their family strength custodial sentence of 3 years rigorous imprisonment for the offence under Section 325 IPC would meet the ends of justice.
Indian Penal Code,1860 - Section 307
Attempt to Murder - To justify a conviction under Section 307 IPC the Court has to see whether the act was done with the intention to commit murder and it would depend upon the facts and circumstances of the case - Although the nature of injuries caused may be of assistance in coming to a finding as to the intention of the accused, such intention may also be gathered from the circumstances like the nature of weapons used, parts of the body where the injuries were caused, severity of the blows given and motive, etc.
Topic(s)-Attempt to Murder - Offence modified to grievous hurt