ATTEMPT TO MURDER (Section 307 IPC) AND MEDICAL EVIDENCE A CASE REPORT

Dr. D.S. Bhullar

, Senior Medical Officer

Department of Forensic Medicine & Toxicology, Govt. Medical College, Patiala (Punjab)

ABSTRACT:

The investigating authorities often make heinous offences like u/s Section 307 IPC, without taking

into consideration the medical evidence, by taking advantage of the legal loop-holes, causing undue

harassment to the alleged accused while the medical evidence plays a pivotal role in establishing such

cases in a court of law. The authenticity of medical opinion is discussed in this case wherein the offence

u/s 307 IPC against the alleged accused was ordered to be cancelled by the court keeping in view the

simple nature of injuries from medical evidence.

KEY WORDS

: Dangerous to life, Medical evidence.

CASE HISTORY:

On August 14, 2004 at 12:10 PM, an injured

male aged 24 years with alleged homicidal injuries

was examined in the Casualty Department of

Rajindra Hospital (Govt. Medical College) Patiala.

He was conscious; Pupils were normal and

reactive; B.P. 120/84 mm of Hg and Pulse 78 /

minute; regular & good volume. The injuries were

as follows:

1. Lacerated wound, 2 cm X 0.2 cm present

on left ala of nose with fresh bleeding.

Advised X- Ray & observation.

2. Alleged application of rod on the back. No

visible external injury seen. Advised X-Ray.

The nature of injuries was to be given on receiving

bed head ticket record through police. The probable

duration of injuries was within 24 hours and the kind

of weapon used was blunt.

Before the final opinion was given, it was

informed that a case under Section 307 IPC had

been registered against the alleged accused who

approached the court. As desired by the Hon’ble

court and on receiving request, written information

was sent to the court that from the bed head record,

the injured was discharged from the hospital the

same day in a satisfactory condition after stitching

of the wound on nose and doing medico-legal X-

Ray for the injuries mentioned in the medico-legal

report which showed no bony injuries and none of

the injuries was on any vital part of the body.

On the basis of this partial opinion, the court

stayed the arrest of the alleged accused and

directed the in-charge of the concerned police

station to explain imposition of Section 307 IPC in

this case and produce final opinion on nature of

injuries, which on police request was given as

follows: -

“After going through the bed head ticket, medico-

legal X-Ray report and injuries noted on

examination, the injuries are declared as simple in

nature. Opinion regarding any danger to the life of

the injured regarding application of blunt weapon

as iron rod on head can not be given in the absence

of the actual application of the said weapon on

head”

After hearing both sides i.e. the applicant

named as accused and the prosecution, the court

ordered that it is of the considered view that alleged

injuries attributed to the applicants were declared

simple in nature by the medical officer, who

medically examined the injured, as also by the

medical board got instituted by the prosecution. So,

the medical evidence indicates the commission of

offence punishable u/s 323 IPC only. One fails to

understand, as to why a minor scuffle has been

blown out of proportion, which is a question mark

on the conduct of the police. While conducting the

investigation, S.H.O. of concerned police station

shall remain cautious in such like cases, who

should add heinous offences like offence under

section 307 IPC only when the medical evidence

indicates so and in these circumstances, on the

face of it offence under section 307 IPC is not

disclosed and custodial interrogation in the

judgment of the court shall be abuse of the process

of the law.

36

JIAFM, 2004; 26(1).

ISSN 0971-0973

DISCUSSION:

The Indian Penal Code, 1860 (Act No. 45 of 1860)

Section 307 defines the offence of “attempt to

murder” as “Whoever dose any act with such

intention or knowledge, and under such

circumstances that, if he by that act caused death,

he would be guilty of murder, shall be punished with

imprisonment of either description for a term which

may extend to ten years, and shall also be liable to

fine ............” The act as mentioned in this section

and which can cause death of a person in the

ordinary course of nature, in the medico-legal

context involves:-

1. Parts of human body i.e. head, chest and

abdomen with vital organs underneath like

brain, heart, lungs, abdominal viscera or

testes.

2. Use of any dangerous weapon or means

as defined under Sec. 324/ 326 IPC i.e. “....

any instrument for shooting, stabbing or

cutting, or any instrument which, used as a

weapon of offence, is likely to cause death,

or by means of fire or any heated

substance, or by means of any poison, or

any corrosive substance, or by means of

any explosive substance or by means of

any substance which it is deleterious to the

human body to inhale, to swallow, or to

receive into blood, or by means of any

animal .......” which can kill a person.

The Investigating Officers, before

establishing intention or knowledge and

circumstances in criminal cases of heinous nature

like attempt to murder u/s 307 IPC, should take

medical evidence into consideration which

otherwise is taken after registration of the criminal

case against the alleged accused in case injuries

are caused and the injured medically examined.

Attempt to murder is a non-bailable offence often

registered by police on the statement of the

complainant which puts a question mark on the

conduct of the police and undue harassment and

mental torture to the alleged accused.

The role of medical evidence in

administration of justice is undisputed. In large

number of criminal cases, medical evidence plays

a pivotal role not only in solving the case but at times

it is the key evidence before the court of law, on the

basis of which justice is dispensed. The manner

and type of medical evidence is of utmost

importance in arriving at justifiable conclusions and

avoiding its miscarriage.

For the investigating authorities, it is a

difficult job to establish the intention or knowledge

of the accused and sometimes the circumstances

under which the act, which can cause death, was

done. Under these circumstances, the medical

evidence in the form of nature of injuries can well

establish nature of the offence.

As remarked by the court, the registration

of criminal cases u/s 307 IPC, often puts question

mark on the conduct of the police when such

heinous offences are added without medical

evidence. It seems that there is an anomaly in the

Indian Penal Code wherein criminal cases are

registered without considering medical evidence in

cases like this. This requires an urgent discussion

of medical and legal experts on this section of law

and if need be, the desired amendment.

CONCLUSION:

Medical evidence plays a key role in

administration of justice both in criminal and civil

cases. The manner and type of medical evidence

provided to the court of law is of utmost importance

in arriving at justifiable conclusions and avoiding

miscarriage of justice. A mandatory provision in the

legal system should be introduced wherein the

investigating authorities will make heinous offences

like offence u/s sec. 307 IPC only after taking

medical evidence into consideration if the injured

was medically examined

REFERENCES:

1. Angrej Kaur V State of Punjab: FIR No. 513

dated 14.08.2004 u/s 341,307,506 IPC, PS

Sadar Patiala.

2. The Indian Penal Code,1860 (Act No. 45 of

1860 )

3. Verma S.K. Medical Evidence and Court

of Law: A Plea for Reforms in India; JFMT

Vol. 19, No.2, 21-22.