NIRANJAN SINGH versus STATE OF MADHYA PRADESH

Citation: [2007] 7 S.C.R. 1017 · Decided: 14-06-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

.J. 
) 
NIRANJAN SINGH 
A 
v. 
STA TE OF MADHYA PRADESH 
JUNE 14, 2007 
[DR. ARlJIT PASAYA T AND B.P. SINGH, JJ.] 
B 
---; 
Pena! Code, 1860-s. 397-When attracted-Held : Any hurt which 
endangers life is a grievous hurt-Attempt to cause grievous hurt attracts s. 
397 depending upon the facts of the case-Accused committed robbery by c 
giving knife blow on the chest of complainant just below the nipple-
Considering place where injury was inflicted s. 379 rightly applied by High 
Court. 
According to the prosecution case, on the fateful day, appellant-N and 
R, demanded money from B. When B refused, R inflicted one injury on his D 
right hand with knife and another injury on the left side of chest by knife and 
N snatched the money from B. Two persons witnessed the incident. Doctor 
conducted medical examination and found two injuries caused by hard and 
sharp weapon. Knife was recovered from N. Appellants were convicted under 
sections 392 and 397 IPC. Appellants filed appeal. It took a plea that 
ingredients under section 397 were not made out as no grievous hurt was E 
found. High Court dismissed the appeals. Hence the present appeals. 
Dismissing the appeals, the Court 
HELD: Any hurt which endangers life is a grievous hurt. The term 
1 
"endangers life" is much stronger than the expression "dangerous to life". F 
Apart from that in the provision "attempt" to cause grievous hurt attracts its 
application. The question whether the accused attempted to cause death or 
grievous hurt would depend upon the factual scenario. In the instant case, 
knife blow was given on the chest just below the nipple. Considering the place 
where injury was inflicted i.e. on the chest, the High Court was right in its G 
view about the applicability of section 397 IPC. 
[Para 9] (1020-H; 1021-A-BJ 
~ 
CRlMINAL APPELLATE JURISDICTION : Criminal Appeal No. 487 of 
1017 
H 
1018 
A 2001. 
SUPREME COURT REPORTS 
[20071 7 S.C.R. 
B 
c 
D 
E 
F 
G 
H 
From the Final Judgment and Order dated 06.04.2000 of the High Court 
of Judicature Madhya Pradesh at Jabalpur in Criminal Appeal No. 513of1989. 
WITH 
Crl. No. 868 of2002. 
Naveen Sharma and B.K. Satiga for the Appellant. 
Govind Goel and C.D. Singh for the Respondent. 
The Judgment of the Court was delivered by 
DR. ARIJIT PASAYA T, J. I. Both these appeals are directed against the 
common judgment of a learned Single Judge of the Madhya Pradesh High 
Court, Jabalpur Bench, dismissing the appeal filed by the appellants, challenging 
their conviction for offences punishable under Sections 392 and 397 of the 
Indian Penal Code, 1860 (in short the IPC) in terms of the order passed by 
the learned Third Additional Sessions Judge, Sagar. 
On each count the 
appellants were directed to undergo 7 years rigorous imprisonment with fine 
of Rs.500/-. 
2. Background facts in a nutshell are as follows: 
On 2nd .Tune 1986 the accused persons had entered the shop of Babula! 
(PW-1) while he was in the process of closing. One shutter was already put 
and one shutter was still to be put. They entered the shop at about 9.15 p.m. 
and asked for a sum ofRs.1001/- from the injured Babula! and asked him the 
reason why he had offered only two Ilachis when the three persons had come 
to the shop the previous day. At the relevant time injured Babula! and his 
brother Munnalal (PW 4) were present 
and they were settling the account. 
Babula! was having Rs.400/- in his hands. Ramsahay and Niranjan asked to 
hand over Rs.1000/-. On refusal of the complainant Babula!, Ramsahay inflicted 
one injury on his right arm with a knife. Another injury was caused on left 
side of chest by knife. Rs.400/- which the complainant had in his hands were 
snatched by Niranjan Singh. It is alleged that one more boy was accompanying 
the accused persons whose name was not known. The incident was witnessed 
by Santosh Kumar (PW3) and Jinendra Kumar. 
Injured Babula! was referred for meJical examination to Dr. Anand Singhai 
.( 
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) 
-"{ 
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NIRANJAN SINGHv. STATE OF MADHYA PRADESH [PASAYAT.J.] 1019 
(PW 7) who found two injuries. One injury .. Ix l/T was found on the left side A 
of chest below the nipple and the other injury li2 x 1/4 was on the left arm. 
Both the injuries were caused by hard and sharp weapon. The clothes of 
Babula! were seized which carried corresponding sign of insertion of knife. 
From the possession of accused Niranjan as per information given by 
him, a knife was recovered. Accused Sitaram was put up for i

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