- 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 or 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.
Illustrations
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the first paragraph of this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Noncompoundable.
Para III: Punishment—Death, or imprisonment for 10 years and fine— Cognizable—Non—bailable—Triable by Court of Session—Non-compoundable.
COMMENTS
(i) If a person who does an act with intention or knowledge that if by that act caused death, he will be guilty of murder; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).
(ii) The question of intention to kill or the knowledge of death in terms of section 307, is a question of fact and not one of law. It would all depend on the facts of a given case; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).
(iii) The important thing to be borne in mind in determining the question whether an offence under section 307, is made out is the intention and not the injury (even if simple or minor); Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).
(iv) It is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provisions of section 307 is the guilty intention or knowledge with which the all was done, irrespective of its result. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results; Ansarudin v. State of Madhya Pradesh, (1997) 2 Crimes 157 (MP).
(v) The intention of knowledge of the accused must be such as is necessary to constitute murder; Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr LJ 116: AIR 1988 SC 2127.
(vi) When in the absence of intention accused fired shot causing simple injury to victim, conviction under Section 324 instead of under section 307 justified; Kundan
Singh v. State of Punjab, AIR 1982 SC 62.
(vii) When only one accused out of six being members of unlawful assembly armed with deadly weapon fired shots causing injuries falling under section 307,
conviction under section 307 justified; Tukaram Dayamu Gurav v. State of Maharashtra, AIR 1982 SC 59: (1982) Cr LJ 199.