In State of Himachal Pradesh v. Shamsher Singh, 2025 INSC 503, the Hon’ble Supreme Court while dealing with a Criminal Appeal set aside the impugned order of the Hon’ble High Court and held that Section 307 (Attempt to Murder) would stand attracted when there is intention or knowledge to cause death, though the hurt may be simple or grievous in nature. The sole Accused, working as a constable in the army, being unsatisfied with the food served at the mess during his posting, decided to settle scores then and there by opening fire with his AK-47 upon other constables, causing them grievous hurt. The High Court had reversed the conviction of the Trial Court and acquitted the Accused U/s. 307 and S. 27 of Arms Act, 1959 and instead convicted him U/s. 326 for grievous hurt, observing that there was a lack of intention or knowledge to cause death on his part. The Hon’ble Supreme Court restored the judgment of the Trial Court, observing that the Sole Accused, being in the army was well aware that a gunshot from such a weapon, if it hits anyone, can certainly result in causing death.
