The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. Common intention among the accused persons is also a necessary element for conviction under Section 307 read with Section 34 of the IPC.

JUDGMENT :

Subhash Chand, J.

Heard learned Amicus Curiae for the appellants and learned counsel for the State.

1. The instant criminal appeal is preferred on behalf of the abovenamed appellants against the impugned Judgment of conviction dated 2nd February, 1994 and Order of sentence dated 7th February, 1994, passed by the 2nd Additional Sessions Judge, Godda in Sessions Case No.170 of 1993/40 of 1993, whereby, the appellant no.1 Triveni Sharma was convicted under Sections 307, 307/34 and sentenced to undergo rigourous imprisonment for life, rigorous imprisonment for three years and fine of Rs.1,000/-. In default to undergo rigorous imprisonment for one year in addition to principal sentence under Section 326 of the I.P.C. and rigorous imprisonment for one year and fine of Rs.500/- in default to undergo rigorous imprisonment for six months in addition to principal sentence under Section 324/34 I.P.C. Appellant no.4 Hari Kishore Sharma was convicted under Sections 307 and 307/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life. R.I. for three years and fine of Rs.500/- in default to undergo R.I. for six months in addition to under Section 326/34 of the I.P.C. and R.I. for one year and fine of Rs.500/- in default to undergo R.I. for six months in addition under Section 324 I.P.C. Appellant no.2 Raj Kishore Sharma and appellant no.3 Narayan Sharma were convicted for the offence under Section 307/34 of the I.P.C. and sentenced to undergo imprisonment for life. Rigorous imprisonment for three years and fine of Rs.500/- each, in default to undergo R.I. for six months in addition under Section 326/34 of the I.P.C. and R.I. for one year and fine of Rs.500/- in default to undergo R.I. for six months in addition under Section 324/34 of the I.P.C. Further all the sentences were directed to run concurrently and period of imprisonment undergone during trial was to be set off.

2. The brief facts giving rise to this criminal appeal are that the informant—Mohan Yadav gave fard beyan with the police station concerned with these allegations that on 27th May, 1993 at 07:00 a.m., he had gone to the house of Baldeo Mistry, who used to live in the house of a Brahmin in order to look after the same at village Basantpur to cover the house with thatch. At the same time, Ramdas Mistry also reached there. Both were having tea at the house of Baldeo Mistry sitting in Verandah. At the same time, Triveni Sharma armed with pistol, Hari Kishore Sharma armed with Gandasa, Narayan Sharma armed with lathi and gandasa and Raj Kishore Sharma armed with farsa came there. Triveni Sharma opened fire with the pistol thrice indiscriminately. One bullet hit on his right hand below the elbow and another hit right arm and third bullet hit on his right shoulder. The informant also sustained injuries on his right side of the face between the tample and cheek. Ram Das Mistry came to rescue him and Triveni Sharma assaulted him with pistol on head. Hari Kishore Sharma, Narayan Sharma, Raj Kishore Sharma assaulted him on the head, back and hand with dagger, farsa and gandasa respectively. Baldeo Mistry also came to rescue them then Triveni Sharma swung a wooden stick upon him but he went back and warded off the blow. In course of assault Triveni Sharma also assaulted to kill them. The informant Sohan Yadav moved to the room of Baldeo Mistry and he heard the sound of blast of a bomb. One Jaldhar Manjhi took Sohan Yadav to Samarua by his cycle, wherefrom a man of Samarua took him to Sadar Hospital, Godda by motorcycle. Later on Ramdas Mistry was also brought to the hospital. The occurrence was the outcome of the demanding back the land which was given by accused-Triveni Sharma under a mortgage to the informant—Sohan Yadav.

3. On the basis of this fard beyan, Case Crime No.76 of 1993 was lodged at Poraiyahat police station under Sections 452, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act against the named accused persons. The I.O. after having co