Court Finds Lack of Prima Facie Evidence for Homicidal Intent, Upholds Lesser Charges
In a significant ruling, the Rajasthan High Court has quashed the charge of attempt to murder under Section 307 of the Indian Penal Code (IPC) against Radhakishan and others, citing a lack of prima facie evidence of homicidal intent. The decision comes in the wake of a criminal revision petition filed by the accused challenging the framing of charges by the Additional Sessions Judge (Women Atrocities Cases), Bikaner.
The case stems from a violent altercation on May 29, 2021, related to a longstanding property dispute between Radhakishan and his relatives. The complainant alleged that the accused, harboring animosity, assaulted her with the intention to kill, inflicting grievous injuries. However, the High Court observed that the incident lacked the elements necessary to substantiate an attempt to murder charge.
Justice Farjand Ali, presiding over the case, emphasized that for a charge under Section 307 IPC to hold, there must be clear evidence of intention or knowledge to cause death. The Court noted that the injuries, though grievous, did not exhibit the persistence or lethal intent typically associated with an attempt to murder. Moreover, the use of a blunt object and the absence of repeated or forceful blows further negated the inference of homicidal intent.
The judgment underlines the importance of distinguishing between grievous hurt and attempt to murder, as per the statutory framework of the IPC. The Court highlighted that mere animosity or the presence of grievous injuries does not automatically escalate the charge to an attempt to murder. It stressed the necessity of a meticulous judicial scrutiny to ascertain the presence of homicidal intent.
While quashing the Section 307 charge, the Court upheld the charges under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt), and 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC. The case has been transferred to the Chief Judicial Magistrate, Bikaner, for trial on these charges.
This ruling reiterates the judiciary's cautious approach in applying severe charges and underscores the importance of adhering to the legislative gradation of offences based on the nature and intent behind the act.
Bottom Line:
Framing of charges under Section 307 IPC requires prima facie evidence of homicidal intention or knowledge. Mere grievous injuries or animosity without clear homicidal intent do not justify invocation of Section 307 IPC.
Statutory provision(s): Indian Penal Code, 1860 - Sections 307, 341, 323, 325, 354, 34; Criminal Procedure Code, 1973 - Sections 397, 401
Radhakishan v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2841971
