The Karnataka High Court upheld the conviction of a husband and wife who were found guilty of attempt to murder in a case involving the wife’s extramarital relationship and a violent attack on her husband. The incident that gave rise to the criminal proceedings occurred in Hassan district, where the husband had been stabbed and seriously injured after being lured to a location by a friend of his wife. The prosecution’s case was that the wife was having a relationship outside her marriage and, in collusion with her friend, orchestrated the assault on her husband to eliminate him. The husband survived the attack but sustained significant injuries. In the trial that followed, the Sessions Court convicted both the wife and her accomplice under Section 307 of the Indian Penal Code for attempt to murder and sentenced them to terms of imprisonment. The husband was examined as a prosecution witness and gave evidence regarding the events of the day, including how he was called to the spot and assaulted from behind.
On appeal, the High Court reviewed the evidence and the trial court’s findings, focusing particularly on whether the prosecution had proved beyond reasonable doubt that the accused had the intention and overt acts necessary to constitute attempt to murder. The defense contended that the injuries inflicted on the husband were not life-threatening and that the evidence was insufficient to sustain a conviction for an attempt to murder. It was argued that the injuries could have been caused by an act that did not necessarily amount to an attempt on life, and that the prosecution had failed to establish the existence of a common intention between the wife and her alleged accomplice to kill her husband.
In affirming the conviction, the High Court analysed the medical evidence, the testimony of the injured husband, and the circumstantial factors connecting the accused to the assault. The court noted that the nature of the injuries, particularly the timing and sequence of the attack, supported the conclusion that there was a clear intent to cause grievous harm likely to endanger life. It also observed that the evidence established that the wife had willingly participated in the scheme to bring her husband to the spot where he was ambushed. The High Court found that the chain of events, coupled with the motives inferred from the extramarital relationship and subsequent conduct of the accused, pointed to a planned and intentional attack rather than a spontaneous altercation.
While considering the legal standards for convicting for attempt to murder, the High Court reiterated that proof of specific intent to kill and an overt act towards that objective are essential ingredients of the offence under Section 307. After assessing the totality of the evidence, including the testimony of the injured victim and corroborative medical reports showing grievous injuries that could have endangered life, the court concluded that the prosecution had successfully discharged this burden. The High Court also found no merit in the argument that the injuries were not life-threatening, noting that grievous injuries causing substantial risk to life satisfy the requirement of the penal provision when coupled with evidence of intent.
Accordingly, the High Court dismissed the appeal and upheld the conviction and sentence of both the husband’s assailants. The court’s ruling reinforces the principle that a carefully coordinated assault causing serious harm, when shown to be planned and motivated by personal animosity, will satisfy the threshold for attempt to murder, even if the victim survives. The appellate court’s decision underscores the judiciary’s emphasis on thoroughly evaluating both the mens rea and the actus reus in serious criminal cases, ensuring that justice is served where malicious and violent conduct is clearly established.
Case Title: State of Karnataka vs. [Accused Names]
Court: Karnataka High Court
Outcome: Appeal dismissed; convictions for attempt to murder upheld.
0 Comments
Thank you for your response. It will help us to improve in the future.