A gives opium to B in such a quantity as is in normal course sufficient to cause the death of B. B is an opium addict who enjoys it and survives. Is A guilty of attempt to commit murder?

Question: A gives opium to B in such a quantity as is in normal course sufficient to cause the death of B. B is an opium addict who enjoys it and survives. Is A guilty of attempt to commit murder? [Bihar A.P.P. (A.P.O.) 1981.]

Find the answer to the mains question only on Legal Bites. [A gives opium to B in such a quantity as is in normal course sufficient to cause the death of B. B is an opium addict who enjoys it and survives. Is A guilty of attempt to commit murder?]

Answer

Yes, A is guilty of an attempt to commit murder under Section 307, IPC.

In the case of Om Parkash Tilak Chand v. State [AIR 1959 P H 134]. The court observed that the question to be considered in cases under Section 307, Indian Penal Code, is, whether the act or omission of the accused person amounted to an attempt to commit the offense.

An attempt in order to be a criminal need not be a penultimate act. It is sufficient in law if there is present an intent coupled with some overt act in execution thereof.

For purposes of criminal liability, it is sufficient, if the attempt had gone so far, that the crime would have been completed, but for extraneous intervention which frustrated its consummation.

According to Stephen, “an attempt to commit a crime is an act done with an intent to commit that crime, and forming part of series of acts which would constitute its actual commission if it were not interrupted”.

The course of interruption to the commission lies in the fact that B is an opium addict and so administration of opium by A serves no purpose to what he intended for.

Nevertheless, because A had the intention and knowledge to commit the act by giving a sufficient quantity of opium, which was sufficient as in normal course to cause the death of B, A has committed an attempt to murder under Section 307, IPC.

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