Husband's Attack on Wife with Deadly Weapons Reclassified Under Section 307 IPC, Acquitting Lesser Charge
In a significant judgment, the Karnataka High Court has reclassified the conviction of Sri Nagesh S.V., who assaulted his wife with deadly weapons, to attempted murder under Section 307 of the Indian Penal Code (IPC). The Division Bench, comprising Justices H.P. Sandesh and Venkatesh Naik T, delivered the judgment on January 14, 2026, modifying the trial court's earlier conviction under Section 326 IPC to Section 307 IPC, along with upholding the conviction under Section 498A IPC for cruelty against the wife.
The case revolved around a brutal assault on Manjula, the wife of Sri Nagesh S.V., with a razor blade and machete, causing severe injuries, including the loss of vision in her right eye. The trial court had initially convicted the accused under Section 326 IPC for causing grievous hurt but acquitted him under Section 307 IPC, which pertains to attempted murder. The High Court, upon reviewing the evidence and circumstances, held that the nature and intention behind the assault warranted a conviction under Section 307 IPC.
The prosecution, led by Additional State Public Prosecutor Smt. Rashmi Jadhav, argued that the injuries inflicted on vital parts of the body, such as the neck and face, demonstrated a clear intention to cause death. The complainant, Manjula's brother, and multiple eyewitnesses testified to the severity and intent of the attack, reinforcing the prosecution's stance that the accused aimed to commit murder.
The defense, represented by advocate Sri Chandrashekar L, contested the conviction, claiming that the prosecution's evidence was flawed and the accused was falsely implicated. However, the High Court found the testimonies of the victim, eyewitnesses, and medical experts credible, emphasizing that the totality of circumstances reflected the accused's intention to cause fatal harm.
The judgment also addressed the procedural aspect under Section 428 of the Criminal Procedure Code, granting the accused the benefit of set-off for the period already undergone in custody.
This ruling underscores the judiciary's commitment to addressing domestic violence and ensuring appropriate legal consequences for such acts. The court's decision to impose a five-year sentence with a fine of Rs. 1,00,000 under Section 307 IPC sends a strong message about the seriousness of domestic assaults and the legal system's role in protecting victims.
Bottom Line:
Conviction under Section 307 IPC - Where injuries are inflicted on vital parts of the body with deadly weapons and evidence shows intention to cause death, the charge under Section 307 IPC is upheld instead of Section 326 IPC.
Statutory provision(s): Indian Penal Code, 1860 - Sections 307, 326, and 498A; Criminal Procedure Code, 1973 - Section 428.
State v. Sri Nagesh S.V., (Karnataka)(DB) : Law Finder Doc id # 2844225
