CASE: Om Prakash vs. the State of Punjab
CITATION: 1961 AIR 1782, 1962 SCR (2) 254
JUDGMENT DATE: 24th April 1961
SECTION 307- IPC: Attempt to Murder
BENCH:
- DAYAL, RAGHUBAR
- SUBBARAO, K.
FACTS:
In April 1951 Bimla Devi got married to the appellant (Om Prakash). By 1953 their relations got strained due to which she went to her brother’s place for a year. On return she was assured that she wouldn’t be maltreated in future, yet, she was mistreated and due to the maltreatment and undernourishment, her health decayed. By 1956, she wasn’t allowed to leave the house and was barely given food (gram husk in water) with a gap of five to six days. In June 1956 somehow, after several attempts, she found herself unlocked and in some way she escaped and reached the Civil Hospital, Ludhiana ad told her sufferings to the doctor. The appellant did try to get her back from the hospital but was denied permission.
ARGUMENTS AGAINST THE APPELLANT:
The argument against the accused was that the health condition of Bimla Devi was not due to prolonged sickness as stated by the learned counsel of the accused but it was due to the calculated starvation of the Bimla Devi by the appellant.
Judgment:
It was held that a person commits an offense under s. 307 Of the Indian Penal Code when he has an intention to commit murder and in pursuance of that intention does an act towards its commission irrespective of the fact whether that act is the penultimate act or not. Also, that the completion or attempted completion of one of a series of acts intended by a man to result in killing is an attempt. The appellant was held liable under section 307 of Indian Penal Code.
ANALYSIS:
I am of the opinion that the appellant was responsible for the attempt of murder because he was adamant to take back Bimla Devi from the hospital even after her extremely deteriorated health. Which shows that his intention was not just to starve her but, he wanted to starve her until her death. This fulfills the ingredients of section 307 of the Indian Penal Code too.
