IPC 307 Attempt to Murder.

Indian Panel Code Section 307 is about an attempt to murder and in the section, a lot of weight has been given to the intention and the knowledge of the accused, and the preparation under such circumstances that he takes before committing the crime.A person charged with guilty of Murder shall be punished with imprisonment of seven years, which may extend to ten years of Imprisonment and shall also be liable to deposit the Penalty.

Section 307 IPC is quite interesting section because this section also has similarities with other section like Section 324 IPC which deals with voluntarily causing hurt using dangerous weapons. Its Quite tricky to differentiate between Section 307 and cases like 324,325,326 because of some common elements, among themselves are almost same. But in Section 307 death of the victim is not present.

Section 324 IPC is done with an Instrument for Shooting, stabbing and cutting or any Instrument which used as a weapon of offense.

Section 325 IPC is Punishment of Voluntarily causing grievous hurt shall be punished with Imprisonment of either description for a term which may extend to seven years.

Section 326 IPC is Voluntarily causing grievous hurt by dangerous weapons or means. Likely to cause death or poison or corrosive substance.

All these sections are connected because of some common elements like intention to grievous hurt which may cause death of a victim, but in case if the Victim is dead then the charges will be Section 302 of IPC Act, not 307,324,325,326 Sections of IPC Act.

In cases where police authority was not able to cease any proof of the weapon which has been used for murder or attempting to murder the victim, in that case charges will be Section 323 and Section 325 IPC only.

PrincipalParts of IPC ACTSec307:

• Whoever does any Act with such intention and knowledge under such circumstances which caused the death of the victim he will be guilty of murder and he will be punished with Imprisonment or for 10Years with liable to Penalty.
• The accused should have the intention to commit murder of the victim, or he should have knowledge that he is likely to cause his death he may be punished under Sec307 even though victim may not be hurt at all.
• The Section 307 would come into play, and the offender would be liable to enhanced punishment.
• If the offender is already under sentence of imprisonment for life and if hurt is caused he may be punished with death.

The Supreme Court Bench comprising of Justice Y.K.Sabharwal and Justice Arijit Pasayat on 9th March 2004 in the case of Vasant Vithu Jadhav v. State Of Maharashtra, where Judges passed a Judgement that “A conviction under the Section 307 IPC Act is not essential that bodily injury capable of causing death should have been inflicted. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deduced from other circumstances, and may even, in some cases, be ascertained without any reference at all to actual wounds.The circumstances that the injury inflicted by the accused was simple or minor will not by itself rule out application of Section 307 IPC. The determinative question is intention or knowledge, as the case may be, and not nature of the injury.

As the accused fired gun from a very close range of about 6-8 feet aiming at the victim when he was sleeping. The bullet broke into pieces and three such pieces struck the accused. Both intention and knowledge in terms of Section 307 can be attributed to the accused. Therefore, the High Court was justified in recording conviction of the accused-appellant under Section 307 IPC.

The appeal is allowed only in respect of sentence imposed relating to Section 307 IPC, and for all other aspects, it stands dismissed.

Since according to the judgment Supreme Court of India have removed all the charges except Section 307 IPC because of the Intention of Attempting a Murder.

Connect with us with Free Sign-up to get more knowledgeable articles with EasyAdvocacy