Proving Attempt to Murder in a Criminal Trial: Lawyers Advice

Under Section 307 of the Indian Penal Code, any person who deliberately does any act with such intention and under circumstances that if execution of the purpose would not have fallen short, the consummation of the act might have charged him with murder. Hence, this section deals with the offence of, “Attempt to murder”. The person convicted under this section shall be penalized with an imprisonment extending up to ten years and shall also be penalized with fine. Furthermore, if the act of a person has caused hurt to the other person, the former shall be imprisoned for life or a penalty hereinbefore said. So basically, the act must be such that it is capable of causing death and an intention to cause death should be present. This offence as defined under Section 307 of the Indian Penal Code is non-bailable and cognizable in nature.

It may be important to note that there are four stages of a crime, namely:

1. The first stage involves conceiving the idea of committing a criminal offence or Intention- The intention to commit an offence has been described as the mental stages. It may be noted that law does not prescribes any punishment for an intention devoid of any physical conduct. The presence of mens rea or guilty mind is imperative to fit in the column of criminal offence.
2. Preparation- Now, this stage includes the preparation or arrangement to execute the purpose. This stage comprises gathering the arranging the means necessary for the commission of the criminal offence.
3. Attempt– The attempt of the crime is the stage where the intention for the crime is present and the preparation is completed. This stage is thus the action directed towards the complete consummation of the purpose. Section 307 of the Indian Penal Code has made, “Attempt to Murder” as a criminal offence.
4. Accomplishment- Consummating the criminal offence has been described the final stage of the crime. If a person who executed a criminal purpose and eventually consummates the same without any hindrance, then the same will be held guilty.

Essential Ingredients for Proving Attempt to Murder: –
Under section 307 of the Indian Penal Code, those cases where the execution of the object is not completed and therefore the consummation is obstructed by circumstances and situations independent of the intention of the another. Although it does not cause death, yet is carried to such an extent that the offender considers the same enough to cause death. The most significant ingredient to prove this offence is, “intention” or the intention to cause death of the other person. The Hon’ble Supreme Court of India in Jage Ram v State of Haryana (Criminal Appeal No. 92 of 2015, Decided on 28th January 2015) formulated few points which are to be established by the prosecution in order to convict a person under Section 307 of the Indian Penal Code. Those points are as follows: –

1. The object to commit murder.
2. The act was performed by accused himself.

Now, it may be noted that in order to convict a person under Section 307 of the Indian Penal Code, the intention of the accused is primarily to be observed. Now, the same can be observed and gathered from the following circumstances namely,
a. Nature of the weapon used,
b. Words uttered by the accused during the execution of the purpose,
c. Motive and different parts of the body sustaining injury, and
d. Nature and Gravity of the whole issue.

In Chhanga v State of Madhya Pradesh (Criminal Appeal No. 898 of 2005, Decided on 28th February 2017), the Supreme Court of India held that for convicting a person under Section 307 of the Indian Penal Code, it is enough that the intention of the accused is coupled with some visible execution of the purpose. This intention may be made out from the nature of the weapon used, words uttered by the accused and etc.

Different punishment for each Classification under Section 307 of the Indian Penal Code: –
The Hon’ble Supreme Court of India in Ahsan v State of Uttar Pradesh (Criminal Appeal No. 1525 of 2017, Decided on 29th August 2017), held that under Section 307 of the Indian Penal Code that three classes of nature of cases have three different kinds of punishments. The first class of case which is given under the first part of the section prescribes a punishment up to ten years coupled with a fine. The second class of case falls under the second part of the section 307 of the Indian Penal Code. In this case, the penalty prescribed is either a life imprisonment or the punishment prescribed in the first part. Lastly, the third class of case prescribes a lifetime imprisonment and in case of causing hurt, death sentence is the form of punishment prescribed.

Common Object in the cases Involving more than One Accused in attempt to Murder: –
In Kuldip Yadav v State of Bihar (Criminal Appeal No. 531 OF 2005, Decided on 11th April 2011), the Hon’ble Supreme Court of India held that in cases involving two accused, one of them merely armed does not sufficiently substantiates the common object. It is significant for the courts to produce a clear finding in reference to the nature of the common object that the object was illegal in nature.

Difference between Section 511- Punishment for Attempt to Commit an Offence Punishable with Life Imprisonment or other Imprisonment & Section 307- Attempt to Murder: –
Section 511 of the Indian Penal Code is capable and broad enough to include every kind of attempt is punishable under the statute namely attempt to murder, which has been described under Section 307 of the Indian Penal Code. However, there lies a difference between the two provisions. For an offence to be made under Section 307 of the Indian Penal Code, it is important that, (i) if the act would have taken place, the same might have cause death, and (ii) the act alleged must be capable enough to cause death in natural and ordinary course. Now, in case where the act committed is not in accordance with the aforementioned description, the person cannot be held guilty under Section 307 of the Indian Penal Code. Notwithstanding the fact that the act was done with the intention to cause death.

There are four stages of crime namely, intention, preparation, attempt and accomplishment. For an offence to be made under Section 307 of the Indian Penal code, the first three stages are to be present. It is important that the same has been deliberately executed with the intention to cause death of someone. However, since the execution fell short, the final accomplishment was hindered with circumstances not dependent independent of the will of the offender. Our judiciary in difference cases has explained the essentials or ingredients necessary for the offence to substantiated under Section 307 of the Indian Penal Code. The section has further prescribed punishment for different classes of the offence.
Authored By: Adv. Anant Sharma & Aniket Pandey