In the significant 2023 INSC 1027 judgment, the Supreme Court of India, presided over by Justices Vikram Nath and Ahsanuddin Amanullah, revisited a verdict from the High Court of Judicature at Madras. The appellants, Sivamani and Dinesh Kumar, challenged their conviction under Section 307 of the Indian Penal Code (IPC) for attempted murder, alongside a fine of Rs.1000 each. The High Court had reduced their original 10-year sentence to 5 years of Rigorous Imprisonment.

The case stemmed from an incident on September 15, 2012, involving a dispute between the appellants and the complainant, Prakash alias Chinnaraj. The appellants, accused of conspiring to kill Prakash due to a prior land dispute, were initially convicted for attempted murder. However, the Supreme Court found that the injuries inflicted were simple in nature, not aligning with the intent required for a Section 307 conviction.

The Supreme Court, analyzing the nature of the injuries and the circumstances, concluded that the charges under Section 307 were unsustainable. It modified the conviction to Sections 323 (Punishment for voluntarily causing hurt) and 324 (Voluntarily causing hurt by dangerous weapons or means) of the IPC. The sentence was reduced to the period already served, and the fine imposed was upheld. The appellants were discharged from their bail bonds, effectively concluding the case with this revised judgment.

This landmark ruling underscores the importance of evaluating the intent and severity in criminal cases, particularly those involving accusations of attempted murder.

SIVAMANI AND ANR. … APPELLANTS
APPELLANT NO.1: SIVAMANI
APPELLANT NO.2: DINESH KUMAR
VERSUS
STATE REPRESENTED BY INSPECTOR OF POLICE,
VELLORE TALUK POLICE STATION,
VELLORE DISTRICT. … RESPONDENT

Keywords: Supreme Court of India, 2023 INSC 1027, Sivamani and Dinesh Kumar, Section 307 IPC, Attempted Murder, Conviction Modification, High Court of Judicature at Madras, Section 323 IPC, Section 324 IPC, Legal Judgment, Indian Penal Code.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.