Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Attack on victim Attempt to murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860: s.307 r/w s.34, s.452; s.324 - Attempt to murder - Attack on victim when he was sitting in worker union office - Accused entered the office and attacked victim with cold drink bottles lying there and strangulated him with telephone wire and hit him iron rod - Trial court found them guilty u/s.307 r/w s.34 and s.452 - High Court modified conviction u/s.307 r/w s.34 to s.324 holding that accused had not come to the place of incident with dangerous weapons nor caused injuries on the vital part of the body and set aside conviction u/s.452 on the ground that the victim was sitting at the Union Office and not at any private place - On appeal by complainant, held: The plea that the act of strangulating a person by the throat by a telephone wire and pulling it from both sides would not attract s.307 cannot be accepted - The first part of s.307 makes any act committed with the intention or knowledge that it would amount to murder if the act caused death punishable with imprisonment up to ten years, the second part makes such an act punishable with imprisonment for life if hurt is caused thereby - Thus, even if act does not cause any injury it is punishable with imprisonment up to 10 years - If it-does cause an injury and therefore hurt, it ts punishable with imprisonment for life - s.307 does not require that the hurt should be grievous or of any particular degree - The intention to cause death is clearly attributable to the accused since the victim was strangulated after throwing a telephone wire around his neck and telling him that he should die - Further, the law protects any house from trespass and further protects persons within the house from being assaulted or even put in fear of hurt or wrongful restraint within their own house - There is nothing in s.452 to suggest that the use to which the house is put makes any difference - The accused were not entitled to be acquitted for the offences u/s.452 r/w s.34 - The judgment of the High Court is set aside and the judgment of the trial court is restored. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2014 INSC 118 |
Petitioner | Pasupuleti Siva Ramakrishna Rao |
Respondent | State Of A.p. & Ors. |
SCR | [2014] 1 S.C.R. 1139 |
Judgement Date | 2014-02-20 |
Case Number | 466 |
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