By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed

Criminal Law

HANIF USMANBHAI KALVA & 3

Versus

STATE OF GUJARAT

By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed by the learned Additional District Judge & Additional Sessions Judge, Bhavnagar below exhibit – 7 in the Sessions case No. 58 of 2010, by which, the learned Judge rejected the application exhibit – 7 filed by the applicants with a prayer to discharge them from the offence under Section 307 of the Indian Penal Code.

I have noticed in many cases that the Investigating Officer, at times, fumble when it comes to drawing the distinction between sections 324, 325, 326 and 307 of the Indian Penal Code. Many times it happens that although the case may be one falling under section 307 of the Indian Penal Code, yet charge sheet would be filed of the offence under Sections 324 or 326 of the Indian Penal Code as the case may be. At the same time, even if the case is one of the offences under sections 324 or 326 of the Indian Penal Code, the Investigating Officer would file a charge sheet for the offence of an attempt to commit murder punishable under section 307 of the Indian Penal Code.

Thus, from the above, the most important ingredient to constitute the offence of an attempt to commit murder punishable under section 307 of the Indian Penal Code is the intention and knowledge. To attract the provisions of this section, it is necessary for the prosecution to establish that the intention of the accused was one of the three kinds mentioned in section 300 of the Indian Penal Code. A person commits an offence under section 307, IPC when he has the intention to commit murder, and in pursuance of that intention, does an act towards its commission irrespective of the fact whether that act is the penultimate act or not. Section 307 requires that the act must be done with such intention or knowledge or in such circumstances that if death is caused by that act, the offence of murder will emerge.

At least one thing is very clear that causing such injury as would endanger life is not an essential condition for the applicability of the section 307 of the Indian Penal Code. Even if the injuries are simple in nature, that by itself cannot be a ground for acquittal if the offence otherwise falls under section 307 of the Indian Penal Code.

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