An attempt to commit murder under S. 307, I.P.C. is committed when a person has the intention to commit murder and, in pursuance of that intention, does an act towards its commission, irrespective of whether that act is the penultimate act or not.

Judgment

RAGHUBAR DAYAL J. : This appeal, by special leave, is against the order of the Punjab High Court dismissing the appellant s appeal against his conviction under S. 307, I.P.C.

2. Bimla Devi, P. W. 7, was married to the appellant in October, 1951. Their relations got strained by 1953 and she went to her brother s place and stayed there for about a year when she returned to her husband s place at the assurance of the appellant s maternal uncle that she would not be maltreated in future. She was, however, ill-treated and her health deteriorated due to alleged maltreatment and deliberate under-nourishment. In 1956, she was deliberately starved and was not allowed to leave the house and only sometimes a morsel or so used to be thrown to her as alms are given to beggars. She was denied food for days together and used to be given gram husk mixed in water after five or six days. She managed to go out of the house in April 1956, but Romesh Chander and Suresh Chander, brothers of the appellant, caught hold of her and forcibly dragged her inside the house where she was severely beaten. Thereafter she was kept locked inside a room.

3. On 5th June 1956, she happened to find her room unlocked, her mother in law and husband away and, availing of the opportunity, went out of the house and managed to reach the Civil Hospital, Ludhiana where she met lady Doctor Mrs. Kumar, P. W. 2, and told her of her sufferings. The appellant and his mother went to the hospital and tried their best to take her back to the house, but were not allowed to do so by the lady Doctor. Social workers got interested in the matter and informed the brother of Bimla Devi, one Madan Mohan, who came down to Ludhiana and, after learning all facts, sent information to the Police Station by letter on 16th June 1956. In his letter he said :

"My sister Bimla Devi Sharma is lying in death bed. Her condition is very serious. I am told by her that deliberate attempt has been made by her husband, mother-in-law and brother-in law and sister-in-law. I was also told that she was kept locked in a room for a long time and was beaten by all the above and was straved.

I therefore request that a case may be registered and her statement be recorded, immediately."

The same day, at 9-15 p.m., Dr. Miss Dalbir Dhillon sent a note to the police saying My patient Bimla Devi is actually ill. She may collapse any moment.

4. Shri Sehgal, Magistrate, P. W. 9, recorded her statement that night and stated in his note :

"Blood transfusion is taking place through the right forearm and consequently the right hand of the patient is not free. It is not possible to get the thumb impression of the right hand thumb of the patient. That is why I have got her left hand thumb impression."

5. The impression formed by the learned Judge of the High Court on seeing the photographs taken of Bimla Devi a few days later, is stated thus in the judgment :

"The impression I formed on looking at the two photographs of Bimla was that at that time she appeared to be suffering from extreme emaciation. Her cheeks appeared to be hollow. The projecting bones of her body with little flesh on them made her appearance skeletal. The countenance seemed to be cadaverous."

After considering the evidence of Bimla Devi and the Doctors, the learned Judge came to the conclusion :

"So far as the basic allegations are concerned, which formed the gravamen of the offence, the veracity of her statement cannot be doubted. After a careful scrutiny of her statement, I find her allegations as to starvation, maltreatment, etc., true. The exaggerations and omissions to which may attention was drawn in her statement are inconsequential."

After considering the entire evidence on records, the learned Judge said :

"After having given anxious thought and careful consideration to the facts and circumstances as emerge from the lengthy evidence on the record, I cannot accept the argument of the learned counsel for the accused, that the condition of acute emaciatio