The central legal point established in the judgment is that for the offence under Section 307 of IPC, the intention or knowledge of the accused to cause death is crucial, and the nature of the weapon used, manner of use, and motive for the crime are factors to be considered in determining the intention.

S.K. Gupta, J.

1. By invoking the supervisory powers of this Court under Sections 397/401 of Cr.P.C., the petitioners have preferred this criminal revision against the impugned order dated 8.10.2013 passed in Sessions Trial No. 249/2013, whereby charges under Sections 294, 307 and 307/34 of IPC have been framed against the petitioners.

2. The prosecution story, in short, is that complainant Sundar Singh has lodged a report that a dispute is going on for the last 2-3 months between him and the petitioners as they had installed a submersible pump in the government hand-pump and the complainant got it removed. On 11.3.2013 at about 7.20 pm when the complainant was in the house alongwith his family, the petitioners, his neighbours, by taking his name were abusing him. As soon as the complainant alongwith his son Ajay Pratap came out from the house, petitioner Amar Singh with intention to kill the complainant fired from his 12 bore gun which hit on the rim of tractor and from that something hit at the chest of the complainant by which blood started oozing and he fell down. Thereafter, when the petitioners came near to him, Pancham Singh, Ajay Pratap and Dinesh saved him. After registration of the FIR, police conducted the investigation and after completion of the investigation, filed the charge-sheet in the Court of JMFC, Bhind, who committed the case to the Court of Sessions Judge, Bhind, and vide impugned order dated 8.10.2013, learned Sessions Judge, framed the charges for the aforementioned offences against the petitioners. Hence, this revision.

3. Learned counsel for the petitioners submitted that ingredients for the offence under Section 307 of IPC are not made out. He further submitted that learned Trial Court, before framing the charge, did not consider the medical report of complainant/injured. In continuation, he further submitted that according to MLC Report complainant/injured Sunder Singh has sustained simple injury which was caused by hard and blunt object. He further submitted that there is difference between medical evidence and complainant's report which shows that false report has been made against the petitioners. It is also submitted that as per medical report, no such injury was found to have been caused to the complainant/injured which is dangerous to life. Hence, he prayed that the charges framed against the petitioners be set aside and petitioners be discharged from the charges u/s 307 of IPC.

4. On the other hand, learned Panel Lawyer for the respondent has fully supported the impugned order of lower Court and submitted that there is prima-facie and sufficient evidence available on record for framing the charge under Section 307 of IPC against the petitioners. He further submitted that there is prima-facie evidence against the petitioners that petitioner No. 3-Amar Singh with intention to kill the complainant fired from his 12 bore gun which hit on the chest of the complainant. He further submitted that prima-facie the ingredients under Section 307 of the IPC are available on the record for framing the charges against the petitioners. Moreover, learned Panel lawyer also submitted that there is ample evidence on record against the petitioners/ accused. Hence he prayed for dismissal of the petition.

5. Before coming to the factual aspect of the case, it would be proper to reproduce the relevant provision of Section 307 of the IPC which reads as under:

"Attempt to murder.-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 murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by life convicts.-When any person offending under this section is under sentence of im