Karnataka HC Cuts Attempt-to-Murder Conviction to Section 324, Finding One Muscle-Deep Stab Wound Did Not Prove Intent to Kill

The prosecution alleged that on 7 April 2012 the appellant stabbed Nikshal with a knife outside Jayakar Apartments, causing injuries to his face, lip and left chest.

The Sessions Court convicted him under Section 307 IPC and sentenced him to three years’ rigorous imprisonment and a fine of ₹30,000.

On appeal, the High Court considered evidence from the injured witness and an eyewitness, the medical evidence, and the absence of an X-ray or radiology report supporting the alleged internal injury.

The appellant had paid the fine and served 27 days in custody.

Section 307 IPC requires proof that the accused acted with the intention or knowledge, and in circumstances, that would make the act murder if death resulted; intention or knowledge may be inferred from the weapon, the body part targeted, the injuries, the force used and surrounding circumstances.

The gravity of an injury alone does not establish the mens rea required by Section 307 IPC (Roshan Lal v. State of Haryana and Another, 2026 INSC 524).

For grievous hurt under Section 320 IPC, the injury must be strictly proved to fall within one of its enumerated categories; the judgment relied on Prabhu v. State of Madhya Pradesh, AIR 2009 SC 745.

Section 222(2) CrPC permits conviction for a minor offence where the proved facts reduce the charged offence to that lesser offence.

Section 324 IPC applies to voluntarily causing hurt by a dangerous weapon; Section 428 CrPC governs set-off of pre-sentence detention.

The medical evidence recorded one muscle-deep stab wound, an abrasion and a lip injury, while the asserted lung injury was not supported by an X-ray or radiology report.

The Court therefore held that grievous hurt was not strictly proved for Section 326 IPC.

Although the injured witness and eyewitness described repeated attempts to stab, the wound certificate disclosed only one stab wound, and the medical evidence did not show repeated or severe stab injuries.

Considering the injuries and surrounding circumstances, the Court found the intention or knowledge necessary for Section 307 IPC unproved beyond reasonable doubt, but concluded that the evidence established an offence under Section 324 IPC.

Section 222(2) CrPC permitted that lesser-offence conviction.

The Section 307 IPC conviction and sentence were set aside, and the appellant was instead convicted under Section 324 IPC and sentenced to simple imprisonment for 27 days and a fine of ₹30,000.

As he had already served 27 days and paid the fine, the sentence was treated as satisfied, with set-off under Section 428 CrPC.

The trial court was directed to pay ₹25,000 compensation to the injured in accordance with its order.