Indian Penal Code, 1860
Section 307—Attempt to murder—Non-framing of charge—Medical evidence—Nature of injuries—Intention may not always be proved by hard evidence and instead may be required to be inferred from the facts and circumstances of the case—Question of intention to kill or the knowledge of death in terms of Section 307 of the IPC is a question of fact and not one of law—Attempt to murder can be established if there is intent—Nature of injuries is irrelevant if intent to kill is present—Minor nature of injuries is not sufficient reason to not frame a charge under Section 307, IPC—Trial Court directed to have the respondents stand trial for all the offences for which charges have been framed, as also Section 307 of IPC—Appeal allowed.
[Paras 13 to 16]