New Delhi :- We will try to understand Section 300 of the Indian Penal Code defines murder and Section 302 prescribes punishment for murder which extends to the death penalty or imprisonment for life. Section 307 provides for the definition and punishment of an attempt to murder.
The Indian Penal Code not only makes the offense of murder punishable but also attempts to commit murder a punishable offense. In some circumstances, the person intends to kill someone but due to some circumstances, the murder does not happen.
Section 307 of the Indian Penal Code provides for attempts to murder
Section 307 provides for three types of punishment in the punishment of an attempt to murder.
1) If any person acts with such intention or knowledge as would cause death the person doing so shall be punished with imprisonment of either description for a term which may extend to ten years or with fine or with both.
(2) If any person is hurt, the accused shall be punishable with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and with a fine.
(3) If any person being guilty of imprisonment for life commits the offense mentioned in section 307 which causes hurt to any person the accused may be punished with capital punishment.
The conclusive question for the making of the offense in section 307 is the intention to cause death or the knowledge that the act of the accused will cause death whatever the consequence of the act of the accused, and the nature of the injury is irrelevant.
It is enough to have the intention and knowledge to kill. The nature of the act is a different aspect to be seen.
In the case of State of M.P Vs. Building & Ors. AIR 2008 SC it was held that the act committed under section 307 shall be deemed to have been successful if there is also an intention to carry out that act with some external force. Injury capable of causing death need not be caused. This section makes a distinction between an act and its result. The court has to determine whether the act was successful with intent and knowledge and under the circumstances regardless of the result of the act.
Provided that if the accused proceeds with a sharp-edged weapon to kill any person and he uses the sharp-edged weapon not with a sharp edge but from another part thereof such accused may be entitled to acquittal. Each case is based on facts. Where a person commits an attempt to murder under section 307 when he commits murder does any act in the direction of committing murder it is not necessary whether his act is final or not.
The intention or knowledge used in this section 307 shall have the same meaning as in section 300. The offense of section 307 determines the punishment commensurate with the gravity of the offense. Under the case of section 307, it is not necessary to do any work by the accused if such an act was being done which could have caused the death of a human being and was being done to kill then a case was made under section 307 and if the injury is caused by the act so done with intent to murder in such a situation also he may be convicted under section 307.
When the accused person fired a pistol at a person going by car his intention to cause death by firing the bullet is entirely possible if the bullet does not hit the lead and goes downwards then such person will be guilty of attempt to murder. If no injury is caused to the person going by car the accused shall be punished with imprisonment of either description for a term which may extend to 10 years and with a fine or with both.
If the person going by car is injured that is to say, the person is shot but does not die the accused may be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, or with a fine or with both.
If any accused while out on parole is guilty of imprisonment for life attempts to murder any person such accused may be punished with capital punishment. In another case, the Supreme Court said that it would be unimportant whether the effort is final or not.
Om Prakash Vs State of Uttar Pradesh AIR 1961 SC. 1782 In this case the Supreme Court held that an attempt or attempt under section 307 is said to be when the accused has the intention to cause the death and the act is done by the accused in furtherance of that intention. The facts of this episode were that her husband was keeping a woman without food her mother was also with her in this work that woman somehow escapes from that house. She is admitted to the hospital after months of treatment. She can recover the court held both husband and mother-in-law guilty of the attempt to murder.
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