Amar drew a loaded revolver completely from his pocket but his arm was seized by Balwant before Amar could take any aim at Balwant and before struggling Amar said several times to Balwant, I will kill you…

By | July 19, 2021
ipc mains

Question: Amar drew a loaded revolver completely from his pocket but his arm was seized by Balwant before Amar could take any aim at Balwant and before struggling Amar said several times to Balwant, I will kill you but he could not press the trigger of the revolver. Can Amar be convicted for an attempt to murder? Give reasons for your answer. [U.P.C.J. 1987]

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Answer

Section 307, IPC deals with the offence of an attempt to commit murder. In order to constitute an offence under this section, two elements are essential.

  1. The intention or knowledge to commit murder.
  2. Secondly, the actual act of trying to commit the murder.

Thus, it must have both the necessary mens rea and actus reus. In other words, for offences under this section, all the elements of murder exist, except for the fact that death has not occurred. However, an attempt, in order to be criminal, need not be the penultimate act foreboding death.

It is sufficient if there is present an intention to commit homicide coupled with some overt act in execution thereof. Such an overt act would have accomplished the intended crime had there been no extraneous and unanticipated intervention that frustrated its consummation.

It is not necessary for the applicability of the section that any injury should have been caused to the person on whom the attempt to murder was made. In State of Maharashtra v. Balram Bama Patil [AIR 1983 SC 305] the Supreme Court held: ‘An attempt in order to be 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.’

Therefore, as per the present facts of the case, the fact that Amar drew a loaded revolver completely from his pocket though seized by Balwant on time, was also reciting, “I will kill you” suggests that he was having the full intention of killing Balwant, had Balwant not seized his hand on time, Amar would have pulled the trigger of a gun. Hence, A is liable to be punished for an attempt of murder under section 307, IPC.


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