Fact of the case :

Bimla Devi got married to appellant but after some time their relation got strained as she was ill-treated and her health deteriorated because of maltreatment and malnourishment. Hence, she left her husband’s house.

Her husband’s maternal uncle convinced her to come back home with the assurance that she’ll not be again maltreated. After coming back to her husband’s home, she was again maltreated and was locked in a room, but somehow she tried to escape from there and reached a civil hospital in Ludhiana. Before Dying she made a statement which is known as a dying declaration in front of the magistrate. On that behalf case was registered against the appellant.

High court concluded that the statement made by the victim was correct and her condition was all because of the maltreatment.

Issue involved 

Whether the act committed by the accused fall under Section 307 (Now section 109 of BNS) Attempt to murder or not? 

In this case the court has said that the act towards commission of the murder need not be a single act. The word ‘act’ does not mean only any particular specific instantaneous act of a person, but denotes according to Section 33 of IPC [Section 2(25) of BNS], a series of actions as well, When an accused deliberately starved his wife and denied food to her for days together and did not allow her to leave his house, 

Inability to look after herself

Held : The Appellant contended that the accused had no duty to feed Bimla Devi. They argued that his duty was limited to providing funds for food, which he had done. The Supreme Court relied on the findings of the lower court, which explained how Bimla Devi was intentionally confined and starved to quickly meet her end, to highlight the role played by the appellant in this scheme. The court further concluded that these findings contradict the argument of the counsel that the appellant provided funds and food for his wife.

An appeal, by special leave, was brought before the Supreme Court, against the order of the Punjab High Court dismissing the appellant's appeal against his conviction under Section 307 of the IPC (109 of BNS). The Hon`ble Supreme Court upheld the High Court judgment. The court gave a verdict in favour of the respondents and convicted the accused under Section 307 i.e., attempt to murder. The court noted that all elements of Section 307 were fulfilled in this case and, while doing so, the court also analysed the cases cited by the appellants.