Supreme Court clarifies the difference between murder and attempt to murder, laying down key guidelines under IPC sections with a detailed explanation of punishments and legal consequences.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a landmark ruling, the Supreme Court of India has laid down detailed guidelines for courts to distinguish between murder under Section 302 IPC and attempt to murder under Section 307 IPC, particularly in cases where death occurs after a prolonged delay due to medical complications.
The case arose after the Chhattisgarh High Court had modified a trial court conviction under Section 302 IPC to Section 307 IPC, holding that the victim’s death nine months after the assault was attributable to lack of proper medical treatment rather than the initial injuries.
Rejecting this reasoning, a Bench of Justices JB Pardiwala and R Mahadevan restored the murder conviction, stressing that the chain of causation remained unbroken.
Facts of the Case
The appellant, along with three others, trespassed into the house of the victim, dragged him to the terrace, threw him down, and assaulted him with sticks and fists. The victim, Rekhchand Verma, suffered severe spinal injuries and remained bedridden for nine months before succumbing to septic shock, pneumonia, and multi-organ failure directly linked to the injuries.
The High Court, however, altered the conviction to Section 307 IPC, reasoning that the death was due to complications in treatment.
Supreme Court’s Observations
The Bench emphasized that courts must focus on the nature of the injury and the intent behind the act, regardless of the delay in death or intervening medical factors.
“Where death is delayed due to later complications or developments, the courts should consider the nature of the injury, complications or the attending circumstances. If the complications or developments are the natural, or probable, or necessary consequence of the injury, and if it is reasonably contemplated as its result, the injury could be said to have caused death.”
“If on the other hand, the chain of consequences is broken, or if there is unexpected complication causing new mischief, the relation of cause and effect is not established, or the causal connection is too remote then the injury cannot be said to have caused death.”
The Court ruled that the High Court had “grossly erred” in treating the victim’s prolonged survival as a break in causation:
“All that we can say is that the High Court committed a serious error in bringing the case within the ambit of attempt to commit murder punishable under Section 307 of the IPC on the ground that the victim survived for almost nine months … We do not agree with the view expressed by the High Court in the Impugned Judgment and order.”
Guidelines Laid Down
The Supreme Court outlined clear principles on when Section 302 IPC applies in cases of delayed death:
- Fatal and intended injuries: Even if death occurs later due to complications like septicemia, it remains murder under Section 300 IPC.
- Life-threatening injuries: Death resulting from complications still falls under Section 302 IPC.
- Medical treatment irrelevant: Whether proper treatment could have saved the victim is not a valid defense.
- Chain of causation: If complications are attributable to the injuries, the assailant remains liable.
- Combined injuries: Even if no single injury was sufficient, their cumulative effect, showing intent to kill, brings liability under Section 302 IPC.
Restoring the trial court’s decision, the Supreme Court convicted the appellant under Section 302 IPC and held the High Court’s alteration to Section 307 IPC as legally unsustainable.
Murder and Attempt to Murder
“Attempt to Murder” and “Murder” are two distinct crimes under Indian criminal law, carrying serious consequences for the accused. The difference lies primarily in the act and the intent behind it.
What is Murder?
Murder is the unlawful killing of another person with malicious intent. It involves both the act of killing and the deliberate intention to cause death or grievous injury. Under Section 302 IPC, it is punishable with death or life imprisonment.
What is Attempt to Murder?
Attempt to murder, covered under Section 307 IPC, is when a person tries to kill another but fails. The accused must have a clear intention to cause death and must have taken substantial steps toward that outcome. Even if death does not occur, the offence remains grave.
Defenses & Penalties
Both offences carry severe punishments. While attempt to murder can lead to imprisonment up to 10 years (or life if injuries are caused), murder usually results in life imprisonment or death penalty. Given the seriousness, consulting a competent criminal defense lawyer is crucial.
Case Title:
Maniklal Sahu versus State of Chhattisgarh
CRIMINAL APPEAL NO. 5578 OF 2024
Read Judgment: