IPC section 308

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Section 308 IPC deals with culpable homicide not amounting to murder. It reads as under:-

Attempt to commit culpable homicide.-- Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

To bring home the guilt of the accused for the offence punishable under section 308 IPC, the prosecution is required to prove:-

i. the death of the complainant was attempted ii. that the act was done with intention or knowledge and under the circumstances that if it had caused death, the act would have amounted to culpable homicide not amounting to murder.