Fact of the case :

A complaint was made against the accused S.K. Khaja to Police Station, for alleging that the appellant/accused was demanding ransom and threatening the public at large. The Police station in charge ordered to get the custody of the accused. A team from the police station left along with complainant as the team member. 

In an attempt to nab the accused the constable tried to get hold of him and in an attempt to escape the accused had allegedly tried to assault a police constable on his head with a Gupti. However, the constable while avoiding the blow on his head got injured on his right shoulder. This case was presented before the Hon’ble Supreme Court as an appeal preferred by the appellant (accused) against the impugned judgment of the Bombay High Court. The high Court had concurrently convicted the accused under Section 307 & 332 of the Indian Penal Code (S 109 &103(1) BNS) sentencing the accused to undergo rigorous imprisonment for 5 years and 2 years respectively.

Issue involved:

Whether the nature of injuries suffered by the complainant were simple in nature to fall under the ambit of Section 307 (S 109 BNS) ?

Held : “The Supreme Court held that merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the appellant/accused from being convicted for the offence under Section 307 of IPC (Section 109 of BNS). What is important is an intention coupled with the overt act committed by the appellant/accused”.