Section 307 IPC requires proof of requisite intent; injury severity alone is insufficient.

The petitioners challenged the SDJM, Phulbani’s order taking cognizance under Sections 307/34 IPC and issuing summons in CT Case No. 849 of 2023.

They argued that the FIR, the injured person’s statement, and the injury report did not disclose the intention required for an offence under Section 307 IPC.

The State maintained that those materials made out a prima facie case.

The High Court considered the revision at the admission stage with the parties’ consent.

1. Whether the materials before the SDJM disclosed a prima facie offence under Sections 307/34 IPC, including the requisite intention to attempt to cause death.

2. Whether the materials disclosed a basis to proceed for a different or lesser offence, and what order should follow on the revision.

The revision was brought under Section 397 read with Section 401 CrPC.

The Court held that the nature or seriousness of an injury, by itself, does not establish a prima facie offence under Section 307 IPC; the requisite intention must also be supported by the materials.

A court considering a police report is not bound to take cognizance only of the offences stated in it and may act on a distinct offence disclosed by the investigation materials.

If it proposes to drop the proceeding, it must first give the informant or victim notice and an opportunity to be heard.

The SDJM’s order did not discuss how the investigation materials established the ingredients of Section 307 IPC.

On examining the FIR and the injured person’s statement, the High Court found no prima facie indication that the petitioners had the requisite intention to attempt to cause death; the materials instead suggested an alleged assault, and the injury report recorded simple injuries.

The Court therefore found no justification for cognizance under Sections 307/34 IPC, while noting prima facie material for an offence it described as under Sections 115(2)/3(5) of the “BNSS”.

The judgment’s reference to Sections 115(2)/3(5) of the “BNSS” is reproduced as stated in the text.