The Delhi High Court has reduced the prison term of a man convicted of attacking a market worker in 2002 from five years to three years, ruling that the single-blow assault with a leather-cutting tool did not amount to an attempt to murder.
In an order passed on September 18, Justice Vimal Kumar Yadav modified the conviction from attempt to murder to voluntarily causing hurt with a dangerous weapon. The court determined that the assailant did not act with the intention or knowledge required to cause death, noting that the weapon was wielded vertically rather than used in a stabbing motion.
Absence Of Intent To Cause Death
Evaluating the appeal, the high court observed that determining murderous intent requires an examination of surrounding circumstances, such as the weapon employed, the manner of its use, the target area on the body, the number of blows struck, and the overall context of the dispute.
The court noted that the appellant and the worker were unacquainted prior to the encounter. The violence erupted suddenly after the worker asked the group to stop causing a disturbance that disrupted his sleep. While acknowledging that the cobbler’s tool used in the attack was dangerous and had the potential to be fatal, the court emphasised that the vertical blow did not constitute an attempt to kill. It further held that while medical records had characterised the wound as grievous, the injury legally fell within the definition of simple hurt.
Altercation In Lajpat Rai Market
The prosecution arose from an incident in March 2002 at Lajpat Rai Market in Chandni Chowk, where the victim was employed as a daily-wage labourer at a shop. As the worker was preparing to sleep on the verandah outside the establishment, a commotion caused by the appellant and several others disturbed him.
When the labourer intervened and asked them to cease the disturbance, the appellant pushed him and slashed him with a rapi, an instrument commonly used by cobblers to cut leather. The blow caused an injury running from the victim’s cheek down to his neck. A patrolling police constable apprehended the appellant at the scene, and the victim was transported to a trauma centre, where he underwent surgery.
Trial History And Social Observations
Following an investigation, police filed a chargesheet under Section 307 of the Indian Penal Code for attempt to murder. During the trial, the prosecution presented 17 witnesses. On December 2, 2004, the trial court convicted the man, sentencing him to five years of rigorous imprisonment and imposing a fine of Rs 1,000.
In its appellate decision, the high court also drew attention to the broader socio-economic conditions facing manual workers in the country. Justice Yadav observed that individuals undertaking rigorous daily labour require undisturbed sleep at night to recuperate for subsequent physical tasks. The judge observed that despite their strenuous contributions, daily-wage earners frequently remain among the least compensated and least regarded members of society, in contrast to Western nations where manual labour is afforded dignity and adequate remuneration.
