AIROnline 2025 SC 269

Supreme Court Of India

(From : 2015 Cri LJ 1203 (HP))

Hon'ble Judge(s): Pankaj Mithal, S. V. N. Bhatti , JJ

(A) Penal Code (45 of 1860) , S.307— Arms Act (54 of 1959) , S.27— Evidence Act (1 of 1872) , S.14— Attempt to murder - Nature of injury - Whether relevant - Accused constable had allegedly fired on his colleagues which resulted in injuries to one Head Constable - To attract S. 307 of IPC, it is not necessary that hurt should be grievous or of any particular degree - If hurt of any nature is caused and it is proved that there was intention or knowledge to cause death, S. 307 of IPC would be attracted - Record proved that accused had fired from his service weapon AK-47 and since he was a constable in army, he was well aware that gunshot from such a weapon, if hits anyone would certainly result in causing death - Injured had sustained four injuries, two each on both upper thighs and they were of grievous nature - Injuries may not be life threatening, but there was intention to cause death - Judgment of High Court had overlooked these crucial aspects in acquitting accused from offences under S. 307 of IPC and S. 27 of Arms Act - Order of trial Court convicting accused for offences under S. 307 of IPC and S. 27 of Arms Act was restored. 2015 Cri LJ 1203 (HP)-Reversed (Para 12 13 14 15) ....