Case – Om Parkash v. State of Punjab, 1962
Fact
The appellant was charged and convicted by the session’s court under section 307, IPC, for attempt to murder his wife, Bimla Devi, by deliberately and systematically starving her for days together. The High Court on appeal confirmed the conviction. Hence this appeal.
Due to the strained relations between the appellant and his wife, the wife was deprived of food and was not permitted to go out of the house. She was severely beaten. When she finally managed to escape and visited the district hospital, the lady doctor, on examining her, diagnosed her condition as critical.
Issue
Whether if Bimla Devi had been deprived of food for a certain period, the act of so depriving her, will come under section 307? as that act could not, by itself, have caused her death.
Contentions & Judgement:
- SC observed that there is no difference between meaning of attempt in context of Section 307 and Section 511. In both cases, penultimate act is not necessary. It can be inferred from illustration (d) of Section 307 also.
- According to Section 32 act includes omission. According to section 33, the act includes series of acts.
- Section 307, Illustration (d) says, “A, intending to murder Z, by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section”.
- The act must be done with the intent or knowledge requisite for the commission of the offence of murder. The expression “by that act” does not mean that the immediate effect of the act committed must be death. Such a result must be the result of that act whether immediately or after a lapse of time.
- Ratio of Anhayanand Mishra Case was followed in this case and observed that penultimate act is not necessary to constitute offence under section 307 and act during curing course is sufficient.
- Conviction under section 307 of Om Prakash was upheld. He had crossed stage of preparation for committing murder of Vimla Devi. Supreme Court said that even there was chance to survive two or more days without food, but for attempt last act or penultimate act is not necessary. Once any act is done after preparation with intention to commit offence is sufficient. Act during course is sufficient.
