FACTS
In A.G. Bhagwat v. U.T. Chandigarh (1988), Dr. Bhagwat, an Associate Professor of Pathology, attacked Dr. Neelam Marwaha with sulphuric acid on April 27, 1985. The assault caused severe burns, disfigurement, and significant psychological trauma to Dr. Marwaha. Dr. Bhagwat was initially convicted under Section 307 IPC for attempt to murder and sentenced to life imprisonment with a fine.
ISSUE
Did the evidence sufficiently establish the intent to cause death, justifying a conviction under Section 307 IPC?
Was reclassifying the offense to Section 326 IPC, which pertains to causing grievous hurt by dangerous weapons, appropriate under the circumstances?
LAW INVOLVED:
Section 307 IPC: Attempt to murder, requiring intent to cause death.
Section 326 IPC: Voluntarily causing grievous hurt by dangerous weapons or means.
Section 320 IPC: Defines grievous hurt, including disfigurement or severe injuries.
JUDGMENT
The Punjab & Haryana High Court partially allowed Dr. Bhagwat’s appeal. It ruled that while the assault was heinous, the evidence did not conclusively establish intent to cause death, a requirement for conviction under Section 307 IPC. Instead, the injuries inflicted amounted to grievous hurt as defined under Section 320 IPC.
The court reclassified the offense to Section 326 IPC and sentenced Dr. Bhagwat to five years of rigorous imprisonment and a fine of Rs. 10,000, payable to the victim. In case of non-payment, an additional two years of rigorous imprisonment was imposed.
Comments