Attempt to Murder - 307 IPC

 

Statue

1. 307 IPC - Attempt to murder
2. 34 IPC - common Intention

Important points

1. Attempt to murder 307 IPC will fall under category of heinous offence, and has to be treated as a crime against the society and not against the individual alone
2. Proceeding u/s 307 IPC cannot be quashed only on ground that the parties have resolved the entire disputes amongst themselves.
3. Quash
1. HC u/s 482 CrPC could be exercised keeping in mind the injuries sustained
2. Injury was inflicted on a vital part of the body, nature of weapons used.
4. Criminal Justice system has a larger objective to achieve, that is safety and protection of people at large and it would be a lesson not only to offender but to the individuals at large so that such crimes would not be committed by any one and money would not be a substitute for the crime committed against the society.
5. The guiding factors is as to whether the ends of justice would justify such exercise of power, both 
1. the ultimate consequences may be a acquittal or 
2. dismissal of indictment

Arguments used for Quash - 482 CrPC

1. Attacked only by kitchen knife
2. Entered into compromise 
3. money already paid
4. Distantly related
5. To ensure both sides lived peacefully 

Case Law

1. State of Rajasthan vs Shambhu Kewat (2014) 4 SCC 149
1. 307 IPC is serious offence and ordinarily should not be quashed by HC while exercising its power under section 482 CrPC on the ground that parties have settled their dispute
2. Narinder Singh Vs State of Punjab (2014) 6 SCC 466
1. SC quashed 307 IPC after noticing judgment in Kewat 
2. matter was referred to larger bench
3. court may be justified on its own facts, at the same time this court ows an explanation as why two different approaches are adopted in various cases
3. State of MP Vs Laxmi Narayan (2019) 5 SCC 688  - issue was resolved
1. 307 IPC - heinous offence
2. Treated as crime against society and not against individual alone