MP High Court
Case Title: Himanshu Sarwan & Others v. State of Madhya Pradesh & Others
Court: Madhya Pradesh High Court, Indore Bench
Coram: Justice Vivek Rusia & Justice Jai Kumar Pillai
Date: 8 September 2025
Citation: 2025:MPHC-IND:25453
The Madhya Pradesh High Court has upheld the acquittal of two accused from charges under Section 307 IPC (attempt to murder), observing that merely causing injury on a vital part of the body is not sufficient to constitute an offence under Section 307 unless it is proved that the injury was inflicted with the intention to kill.
Background of the Case
The complainant alleged that accused Amit Sarwan and Sumit Sarwan assaulted his brother and father with a wooden log during a dispute over auto-rickshaw parking. Both sustained head injuries, and the complainant also received simple injuries. The trial court convicted the accused under Sections 325/34 and 323/34 IPC but acquitted them under Section 307 IPC.
High Court’s Findings
- The injuries, though on the head (a vital part), were not shown to be fatal or life-threatening.
- Medical evidence confirmed that no surgery was required, and the injuries were treated conservatively.
- The dispute was sudden, arising out of a trivial parking issue, with no prior enmity between the parties.
- A wooden log is not a lethal weapon by itself.
- Therefore, there was no intention to kill, and Section 307 IPC could not be invoked.
Outcome
The High Court dismissed the appeal filed by the complainant for enhancement of charges, thereby affirming the trial court’s decision to convict the accused only under Sections 325/34 and 323/34 IPC.
Key Legal Principle “Inflicting injury on a vital part of the body does not automatically amount to attempt to murder under Section 307 IPC unless intention to kill is established.”
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This article cover the order/judgment cover the intention is required to prove the injury on vital part it does not automatically becomes the attempt to murder if injury on head or on vital part. further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot in search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in
