Factors to be considered by the court in the offence of attempt to commit culpable homicide under S 308 of IPC

Section 308 of the IPC reads as under:

"308. Attempt to commit culpable homicide.--Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

35. It is clear from the plain language of Section 308 of the IPC that in order to establish that an offence punishable under the said provision has been committed, it is necessary to establish that the person committing such offence had the knowledge or the intention of that the offending act, if caused death, would result in him being guilty of culpable homicide not amounting to murder. It is also trite law that the question whether the assailants had the knowledge or intention to commit such an act, which if resulting in death, would amount to an offence of culpable homicide not amounting to murder, must be established and proved.

36. In order to establish whether the offenders had the intention or knowledge to commit such an act, it is necessary to not only see the nature of injuries, the weapons used but also the surrounding circumstances. In the present case, there is no material to establish that the respondents had used any weapon to injure the victim. It has been established that they had delivered blows by fists and had kicked the injured on his abdomen and his chest.

IN THE HIGH COURT OF DELHI

Crl. A. 682/2016 and Crl. M.A. 11271/2016

Decided On: 18.05.2020

 State (GNCT of Delhi)  Vs.  Mukim Ali and Ors.

Hon'ble Judges/Coram:

Vibhu Bakhru, J.

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