Summary of Recent judgment

Case: S K Khaja vs State of Maharashtra

Date of Order / Judgment: 23rd August 2023.

The Matter Heard by Bench: Justice Bela M. Trivedi and Justice Dipankar Datta


A complaint was made against the accused S.K. Khaja to Police Station, Nanded for alleging that the appellant/accused was demanding ransom and threatening the public at large. The Police station in charge ordered to get the custody of the accused. A team from the police station left along with complainant as the team member. In an attempt to nab the accused the constable tried to get hold of him and in an attempt to escape the accused had allegedly tried to assault a police constable on his head with a Gupti. However, the constable while avoiding the blow on his head got injured on his right shoulder. This case was presented before the Hon’ble Supreme Court as an appeal preferred by the appellant (accused) against the impugned judgment of the Bombay High Court. The high Court had concurrently convicted the accused under Section 307 & 332 of the Indian Penal Code sentencing the accused to undergo rigorous imprisonment for 5 years and 2 years respectively.


Whether the nature of injuries suffered by the complainant were simple in nature to fall under the ambit of Section 307?

Observation of the Supreme Court

"Merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the appellant/accused from being convicted for the offence under Section 307 of the IPC. What is important is an intention coupled with the overt act committed by the appellant/accused. In the instant case, it was proved by cogent evidence that the appellant/accused had tried to assault the complainant with Gupti and that too on his head. Though the complainant received injury on his right shoulder while avoiding blow on his head, from the blunt part of the Gupti, such an overt act on the part of the appellant/accused would be covered by the offence punishable under Section 307 of IPC."


The Supreme Court stated that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature. The Supreme Court dismissed the appeal of the accused.