Attempt to cause grievous hurt can invite seven yrs RI: SC

17 Jun, 2007 l 1418 hrs ISTlPTI The Times of India

NEW DELHI: In a robbery case, even an attempt to cause grievous injuries to the victim can attract a minimum imprisonment of seven years for the accused, the Supreme Court has ruled. "The question whether the accused attempted to cause death or grievous hurt would depend upon the factual scenario," a bench of Justices Arijit Pasayat and B P Singh said while dismissing an appeal filed by an accused charged with the offence. Accused Niranjan Singh had appealed against his conviction for seven years under IPC Sections 392 (robbery) and 397 (robbery or dacoity by causing grievous injuries) by a Sessions Court and subsequently affirmed by the Madhya Pradesh High Court. Under Section 397 IPC, the minimum imprisonment is seven years. The case of the prosecution was that the accused along with two others barged into the shop of one Babulal and inflicted knife injuries on the victim when he refused to part with Rs 1001 demanded by them. Babulal suffered an injury on the left side of his chest below the nipple and another injury on the left arm. In the appeal before the apex court, the accused while denying any robbery attempt, argued that grievous injuries must have actually resulted from the alleged attack, but a mere attempt to cause injury cannot attract the ingredients of Section 397 IPC.

http://timesofindia.indiatimes.com/India/Attempt_to_cause_grievous_hurt_can_invite_seven_yrs_RI_SC/articleshow/2129101.cms

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