In a significant ruling, the Supreme Court has asserted that a conviction under Section 307 IPC (attempt to murder) can stand, even if the injuries inflicted upon the complainant are minor, as long as there exists both intention and an overt act by the accused.

This ruling was made by a bench comprising Justices Bela M. Trivedi and Dipankar Datta. In the case under consideration, the appellant-accused had been convicted for offenses under Sections 307 and 332 of IPC and was sentenced to five years of rigorous imprisonment for the former and two years for the latter.

Case Brief -

The allegation against the accused was an attempt to assault a police constable's head with a weapon, resulting in injury to the constable's right shoulder as he avoided the blow.

During the proceedings in the Supreme Court, the appellant argued that even if the prosecution's case against the accused was considered entirely proven, the injuries sustained by the complainant were minor in nature and did not warrant charges under Section 307 of the IPC.

While dismissing the appeal, the court observed:

"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."

S K Khaja vs State of Maharashtra 

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