Section 307, Indian Penal Code

It is by now a lucid dictum, for purpose of constituting an offence under Section 307, IPC, there are two ingredients – first, whether there was any intention or knowledge on part of accused to cause death of victim, and, second, such intent or knowledge was followed by some overt actus rea in execution thereof, irrespective of consequential result as to whether or not any injury is inflicted upon victim. Courts may deduce such intent from conduct of accused and surrounding circumstances of offence, including nature of weapon used or nature of injury. It is not necessary a victim shall have to suffer an injury dangerous to his life, for attracting Section 307, IPC.

It would also be fruitful at this stage, to appraise whether requirement of ‘motive’ is indispensable for proving charge of attempt to murder under Section 307, IPC. Unearthing ‘motive’ is akin to an exercise of manual brain­-mapping. We are thus of considered opinion, whilst ‘motive’ is infallibly a crucial factor and is a substantial aid for evincing commission of an offence, absence thereof is, however, not such a quintessential component which can be construed as fatal to case of prosecution, especially when all other factors point towards guilt of accused and testaments of eye­-witnesses to occurrence of a malfeasance are on record.

Hon’ble Justice Surya Kant, Surinder Singh v. Union Territory of Chandigarh, [Criminal Appeal No. 2373 of 2010].