OM PRAKASH versus THE STATE OF PUNJAB

OM PRAKASH versus THE STATE OF PUNJAB

The accused, by regularly starving his wife as part of a scheme to accelerate her end, undertook a course of conduct that constituted a series of acts falling within the purview of section 307 IPC. The intention with which the acts were committed, and not whether the act was the last proximate act, satisfies the requirements of attempt to murder under section 307.

Parties
Appellant: Om Parkash; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
24 April 1961
Procedural Posture
Criminal Appeal by Special Leave / Appeal From Judgment and Order of Punjab High Court Dated May 23, 1958 in Criminal Appeal No. 515 of 1957
Outcome
Appeal dismissed
Legal Topics
Attempt to Murder, Ingredients of Offence, Indian Penal Code Section 307, Starvation as Attempt to Murder
Criminal Law Attempt to Murder Ingredients of Offence Indian Penal Code Section 307 Starvation as Attempt to Murder

Case Brief

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Parties

Om Parkash

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Appeal From Judgment and Order of Punjab High Court Dated May 23, 1958 in Criminal Appeal No. 515 of 1957

Legal Issues

  1. 1 Whether deliberate starvation by the accused amounts to attempt to murder under section 307 of the Indian Penal Code

Ratio Decidendi

The accused, by regularly starving his wife as part of a scheme to accelerate her end, undertook a course of conduct that constituted a series of acts falling within the purview of section 307 IPC. The intention with which the acts were committed, and not whether the act was the last proximate act, satisfies the requirements of attempt to murder under section 307.

Court Disposition

Appeal dismissed

Orders

  • Conviction of the appellant under section 307, Indian Penal Code, is confirmed.