Chapter XVI
Of Offences Affecting the Human Body
Section – 307 – Attempt to murder – 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 murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life convicts – [When any person offending under this section is under sentence of [imprisonment for life], he may, if hurt is caused, be punished with death.]
Ingredients to attract the provisions of Section 307 of IPC are as follows:
(i) Attempt must have made by the accused.
(ii) The human being’s death must be attempted.
(iii) The accused attempted to caused death of a person by doing such an act which according to him was so dangerous that in all probability it will cause
(a) death of a person, or
(b) such bodily injury which will surely cause a person death.
(iv) There must be the intention of the accused to caused death of a person, or done with the intention of causing such bodily injury as:
(a) the accused knew to be likely to cause death, and
(b) and it was sufficient in the ordinary course of nature to cause death of a person.
A person will be liable for a punishment under Section 307 of the IPC where he/she has intention to cause death of a person and in accordance with such an intention do such an act which will cause death of a person.
In Anjani Kumar Chaudhary v. State of Bihar, AIR 2014 SC 2740, the Honourable Supreme Court held that when several persons attack an unarmed person with deadly weapons, it is reasonable to presume 8 of 11 that they had knowledge or intention that such an attack would result in death. In the instant case, as per the statements, the weapons used were Lathi, rod, Farsa, Talwar etc. and when we look at the nature of the injuries, it is clear that the injuries were caused by using sharp cutting weapons and also with hard blunt substance. Injuries were inflicted on the right temporal region of scalp at the base of the right ear, right side of occipital region of scalp, left side of occipital region of scalp etc. Open declaration by the accused that a person would be killed, indicates his intention. Above facts would indicate that the ingredients of Section 307 IPC are made out. Further it is only a prima facie view to decide as to weather the FIR and the statement of witnesses contain averments so as to charge-sheet the accused under section 307,IPC and ultimately it is for the trial Court to decide whether the offence under Section 307, IPC has been made during trial, which ought to be ultimately decided on the basis of evidence tendered before the criminal Court.