Distinction between offence punishable under S 326 of IPC and S 307 of IPC

To establish charge under Section 307 of the Indian Penal Code, the proof of nature of injury by itself may not be sufficient. The respondents are under obligation to establish by circumstantial evidence that the appellant intended to cause death of the deceased or intended to cause injuries of the nature sufficient to cause death in ordinary course of the nature.

Two offences, one punishable under Section 326 of the Indian Penal Code and other punishable under Section 307 of the Indian Penal Code are distinct in nature inasmuch as 'intention' part of the offence is concerned. The offence punishable under Section 326 of the Indian Penal Code involves the act of accused which is 'voluntary' in nature whereas in the case for the offence punishable under Section 307 of the Indian Penal Code the prosecution is always under obligation to establish the requisite intention.

Ref:

Sanjay Shankar Shahu,

…. APPELLANT

Vs

The State of Maharashtra,

through P.S.O. Jaripatka,

Nagpur.

…. RESPONDENT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 287 OF 2014

CORAM : M.L. TAHALIYANI, J.

DATED : NOVEMBER 07, 2014.