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Aryan Raj   10 February 2022

Dear Sayeed,

According to Section 307 of the IPC-

Whoever commits any act with such intent or knowledge, and under such circumstances, that if he caused death by that act, he would be guilty of murder, shall be punished with imprisonment of either descripttion for a term not exceeding ten years, and a fine; and, if such act causes harm to any person, the offender shall be punished with either life imprisonment or the punishments mentioned above.

To win a case you will need the evidence and documentations necessary all in your favor, and it will also depend on whether you are the defendant or plaintiff?

Regards,

Aryan Raj 

Palak batra   12 February 2022

Sec.307 of the Indian Penal Code covers the offence of ‘attempt to murder.’ It is considered as heinous as committing murder. However, the only dissimilarity is that the murder costs death of the victim, whereas as an attempt to murder is a failed attempt of causing death. Sec.307 states that, “Whoever does any act with such knowledge or intention and under such circumstances that, if he by that act caused death, then he will be found guilty of murder. He shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. If attempt to murder has caused hurt to any person by such act, then the offender shall be liable either to imprisonment for life, or to such punishment as is here in before mentioned.” 

 

There are a couple of ingredients to see whether the act is an attempt to murder under sec.307 or not- 1. Nature of the act

                            2. Knowledge or Intention of Committing the Crime.

                            3. Execution or Performance of an Offence.

                            4. The Act by the Offender Would Cause Death in Its ordinary Course.

 

Punishments under sec.307-  1. If its an attempt to murder, then there is an imprisonment for 10 years, along with a fine.

  1. If an act has caused a hurt to a person, then he/she will be imprisoned for 10 Years along a Fine or a life imprisonment. 
  2. If a hurt is caused under ‘attempt to murder’ by life-convict to murder, if then the punishment is death or 10 Years imprisonment, alongwith a fine.

 

Landmark judgements- 

1. Liyakat Mian and Ors. Vs. The State of Bihar, 1973

Under Section 395 of the IPC, four appellants were held guilty by the Sessions Court for committing dacoity in the house. During this trial, it was held than appellant no. 2 will be charged for attempt to commit murder under Section 307 of IPC. When the other appellants were committing dacoity, appellant no. 2 had fired a gun at Burhan Mahton. He was injured and later died. Accused no. 2 was held guilty under the Section 307. 

 

2. Vasan Jadhav Vs. State of Maharashtra, 2004: 

The Supreme Court had observed that Section 307 does not say that bodily injury capable of causing death should be inflicted. However, the nature of injury may give assistance in coming to the finding about the intention of the accused. A conviction under Section 307 is easy to justify if there is a presence of intent coupled with some over act in its execution. Hence, it is not correct to acquit an accused of the charge under Section 307 merely because the injuries on the victim were in the form of a simple hurt. 

 

3. Rambabu Vs. The State of Madhya Pradesh, 2019

In this case, the appellant was convicted under Section 307 of Indian Penal Code. The court had sentenced him for the five years of imprisonment and charged Rs. 5000 as a penalty. The court also held that the injuries on the other person, regardless of their severity would attract punishment under Section 307. All the injuries would be considered as an offence and the person committing the crime would be held guilty. 

Sudhir Kumar, Advocate (Advocate)     14 February 2022

please come with facts of the case.


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