Reply To: Aggravated and mitigating circumstances

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Tina DU
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Indian Penal Code, 1860—Section 307—Attempt to murder

The testimony of the injured
witness is accorded a special status in law.
Non recovery of crime weapon is not fatal.
To justify conviction under Section 307 IPC, it is not
essential that bodily injury capable of causing death should
have been inflicted. It is sufficient to justify a conviction
under Section 307IPC if there is present an intent coupled
with some overt act in execution thereof.
The nature of weapon used, the intention expressed by the
accused at the accused at the time of the act, the motive
for commission of the offence, the nature and size of the
injuries, the parts of the body of the victim selected for
causing injuries and the severity of the blow or blows are
vital factors that can be convicted of an attempt of murder.
The Section 307 may apply even if no hurt is caused. The
causing of hurt is merely an aggravating circumstance. What
the Court has to see is whether the act, irrespective of its
Result, was done with the intention or knowledge and under
circumstances mentioned in section 307 IPC.

Section 357 Cr.P.C. should be read as imposing mandatory
duty on the court to apply its mind to the question of
awarding compensation in every case.

REFERRED TO:

  1. Ankush Shivaji Gaikwad vs. State of Maharashtra (2013) 6 SCC 770.
  2. State of Uttar Pradesh vs. Naresh and Ors., (2011) 4 SCC 324.
  3. Abdul Sayed vs. State of Madhya Pradesh, (2010) 10 SCC 259.