Supreme Court: grievous injury not required for attempt-to-murder charge

The Supreme Court clarified that while grievous injury is not a necessary ingredient for Section 307, the specific facts of this case justified the lower courts' decision to reject the application to alter the charge.

Who it concerns: Petitioner: Surender Kumar; Respondents: State of Haryana & Ors.; Bench: Justices J. B. Pardiwala and K. Vinod Chandran.

What the court decided

• The Supreme Court dismissed the Special Leave Petition.
• The Court held that the grievousness of injuries or the possibility of death is not a necessary ingredient to attract Section 307 IPC.
• The Court affirmed that the rejection of the application to alter the charge to Section 307 was justified because no intention or knowledge to kill was alleged at the initial stages of the case.
• The Court noted it is its prerogative to alter charges at any time during a trial if there is sound and justifiable cause from the evidence.
• Any pending applications were rejected.

Also in the document

• The Court cited multiple precedents (e.g., State of Madhya Pradesh v. Kashiram) to establish that simple or minor injuries do not rule out Section 307 if the intention to kill is present.
• The Court observed that the application to alter the charge was made at a late stage of the trial, after the chargesheet was filed and cognizance was taken, without prior complaint from the injured victims.
• The order is dated September 08, 2026.