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Himanshu (Company Secretary)     18 July 2012

Case under section 307

 

Dear Concern,

Greetings for the day !

The facts of the case are:

Mr. A, working in a factory, where motor bike parts are washed with acid. He is having no police background, aged about 51 years, quite innocent.

Mr. B, (Aged About 17 years) a co-worker had used abusive language, and in a small fight, Mr. B was injured with acid on his face.

The owner of factory took Mr. B to nearby private hospital and asked Mr. A to continue working in the factory.

After few hours, family and natives of Mr. B came to hospital and took Mr. B to Civil hospital and they wanted to file an FIR against Mr. A.

Mr. A was still at Fctory Premises, and he was kept there in factory for rest of the day for his safety from Natives of Mr. B so that they may not hurt him.

In the meanwhile family of Mr. A reached factory premises and took him to nearby police station and they made the surrender that the accident has happened.

The police kept Mr.  in safe custody and 1 day passed and at the end of the day police accepted the FIR from family of Mr. B u/s 307 (Attempt to Murder) and they took the report from civil hospital.

After the same, Mr. B was shifted from Civil Hospital to Nearby Private Hospital and charges were being paid by factory owner.

Lawyers for Mr. A placed papers for bail in lower court and the same was rejected and was to be forwarded to session court and session court has given the date on 30th July for hearing.

In the meanwhile Mr. B is now shifted to a civil hospital in Sector 12, Chandigarh so that family of Mr. B can hide the situation from family of Mr. B.

Now the situation is:

1. Mr. A is in jail and waiting for hearing in session court;

2. Family of Mr. A is ready to give compensation to the family of Mr. B as according to family of Mr. A still continue to plea that it was an accident and not at all intentional, rather it was in self defense.

3. Mr. B is in Civil Hospital in Chandigarh, as per the comments of family of Mr. B, Mr. B is still in serious condition.

Please advice how to proceed to prove that there was no mal-intention of Mr. A to kill Mr. B rather it was just an accident and family of Mr. A is ready to pay the compensation for his well being.

An earliest advice shall be highly appreciated.

Thanking you in real anticipation to have a quick reply,

Best regards,

Himanshu

himanshu@hgasolutions.com



Learning

 7 Replies

v.b.b.sastry (Sr.A.P.P)     18 July 2012

Is there any rivalry between A and B?

Rajeev Kumar (Lawyer/Advocate)     18 July 2012

How it can be proved that there is no mal-intention of A. Anyway now it is time for bail during the hearing of this petition these ground may be taken

Himanshu (Company Secretary)     18 July 2012

No, There is no rivalry between A & B...

Mr. A is known to me in well terms, i had a word with him in detail. He said Mr. B was injured with Acid without any intention of hurting him, it was by mistake, poured on him...

v.b.b.sastry (Sr.A.P.P)     18 July 2012

Then it is only an accident u/s338 IPC but doesnot attract the provisions of 307 IPC.

1 Like

Himanshu (Company Secretary)     19 July 2012

Please anyone, if some more information can be shares, i'll highly appreciate the same.... its now or never...

mohan (advocate)     21 July 2012

Dear friend the requirement under sec- 307 IPC (attempt ot murder) is of of intention and knowledge and this case does not come under section 307 if malice intention is not proved .however it comes under section-335  ,as the crime which was done by A against B will be called as grievous hurt  but as the act was done on provocation by B ;and A was knowing that acid may disfigure his face and he may go for  more than 20 days in hospital so the suit can  be instituted under sec 335  in which there is provision of 4yrs imprisonment or fine of 2000Rs


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