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In case of kuldip singh vs state, the accused tried to hit the victim with a naked sword but somehow the victim got saved and the blow only caused simple injury, but the court convicted the accused under section 307 ipc because of the dangerous weapon used, which gave away the intention of the accused, which was to murder the victim.
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What are two types of cases under Section 307?
The High Court found out that section 307 envisaged two type of cases one where the victim suffered injury and other where the victim didn’t suffer any injury.
How is attempt to murder under Section 307 different from murder?
Sometimes it is seen that it is very difficult to differentiate between the cases under section 307 and cases under 324,325,326 because all these offences have some common ingredients among themselves. The offence of attempt to murder is a very serious offence because it is not very different from the offence of murder itself.
Can a person be convicted under Section 307?
The most debatable aspect is that even if an injury which in the ordinary course would have caused death, but is not done with an intention to kill, the accused will not be convicted under section 307.
How is this intention determined under Section 307, IPC?
Section 307 IPC is about attempt to murder and in the section a lot of weightage has been given to the intention and the knowledge of the accused and the preparation that he takes before committing the crime. How is this intention determined?
Last Update: Oct 2021
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