Mr. Prosecutor, the appellants argue that the assault was spontaneous and without premeditation. Does spontaneity negate intention under Section 307 IPC?

My Lord, spontaneity does not negate intention. A person can form an intention to cause death in the heat of the moment. The question is whether, at the time of the assault, the accused intended to cause death. Here, the appellants were armed with lathis. They were already assaulting another person. When the victim intervened, they immediately turned upon him and inflicted blows on his head. The fact that there was no long-term planning does not mean there was no intention. The intention is evident from the choice of weapon, the target (head), and the force of the blows (resulting in fractures). This Court has consistently held that intention can be formed spontaneously.

The appellants accept conviction under Section 325 IPC. Why is that not sufficient? The maximum sentence under Section 325 IPC is seven years, which is the same as the sentence imposed here.

My Lord, Section 325 IPC punishes causing grievous hurt, but it does not capture the mental element of intention to cause death. The appellants intended to cause death — they targeted the head with lathis. The fact that the victim survived does not reduce the offence to simple grievous hurt. Section 307 IPC is specifically designed to punish attempts to murder, regardless of whether the victim survives. The appellants should not be allowed to escape the higher culpability simply because modern medicine saved the victim's life. The conviction under Section 307 IPC should stand.

The appellants have been on bail since 2011 — nearly 15 years. Does that not indicate that they are not a continuing threat?

My Lord, the fact that the appellants were granted bail by this Court does not mean they are not guilty. Bail is granted on various considerations, including the pendency of the appeal. The question before this Court is whether the conviction under Section 307 IPC is legally sustainable, not whether the appellants are a continuing threat. The appellants caused life-threatening injuries to the victim. The sentence of seven years is not excessive. The Court should affirm the conviction.

The appellants argue that the sentence was imposed without giving them an opportunity to be heard on the question of sentence. Is that not a procedural irregularity?

My Lord, the Trial Court convicted the appellants on 2 May 2002 and sentenced them on 3 May 2002. The appellants were present in court. Their counsel was present. The question of sentence is not a separate trial; it is part of the same proceeding. The appellants had already presented their case during the trial. They were given an opportunity to address the court on sentence. There is no violation of natural justice. Moreover, this issue was not raised before the High Court. The appellants cannot raise it for the first time before this Court.

For RespondentCriminal Premium

Lathi Blows on Head Show Intention to Cause Death Under Section 307 IPC — (2026) INSC 524

The appellants inflicted multiple lathi blows on the victim's head, a vital part of the body.

Roshan Lal v. State of Haryana — (2026) INSC 524

Core Argument

The appellants inflicted multiple lathi blows on the victim's head, a vital part of the body. The medical evidence shows fractures of both parietal bones, neurological complications, multi-organ failure, and prolonged hospitalization. The nature of the injuries, the weapon used, and the vital part targeted clearly establish the intention to cause death under Section 307 IPC.

Key Precedents

State of Madhya Pradesh v. Saleem @ Chamaru (2005) 5 SCC 554 — Held that the nature of injury actually caused may give considerable assistance in coming to a finding as to the intention of the accused.
Bipin Bihari v. State of M.P. (2006) 8 SCC 799 — Reiterated that the nature of injury is a relevant factor in ascertaining intention under Section 307 IPC.

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