The offense of attempt to murder is established when an act is committed with the specific intention or knowledge required for murder, regardless of whether death ultimately ensues, provided the prosecution proves the guilt beyond reasonable doubt.

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Today, though the matter is listed for hearing on I.A.No.01/2024, which is an application for suspension of sentence and grant of bail to the appellant, however, considering the fact that the appellant is in jail since 23.08.2021 and with the consent of learned counsel for the parties, the appeal is heard finally. Accordingly, I.A. No. 01/2024 stands disposed of.

2. This criminal appeal preferred under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 21.11.2023 passed by the learned Sessions Judge, Jashpur, District – Jashpur (C.G.) in Sessions Trial No. 97/2021, by which the appellant has been convicted and sentenced with a direction to run all the sentences concurrently in the following manner :

3. The prosecution case, in brief, is that the complainant, Devraj Ram, lodged a report at Jashpur Police Station stating that he resides in Luikona village and works as a farmer. On 23.08.2021, he was at home with his family at night when Manjari Bai, the wife of a neighbor, accused Mahesh Ram, approached Shri Ram's house calling for help. The accused, Mahesh Ram, followed her and began assaulting his wife. Shri Ram, attempting to stop the fight, said, "Don't fight here." In response, accused Mahesh Ram struck Shri Ram on the head with an axe. Seeing this, the complainant's wife, Kumail Bai, tried to intervene, and Mahesh Ram struck her on the head and back three or four times with the axe, causing serious injuries. Complainant’s son, Shriram, fell to the ground with a serious head injury, and his wife also fell, bleeding from her head. Mahesh Ram then attempted to strike the complainant as well, but he fled in fear. Later, with the help of neighbors, he called an ambulance (108) and took his wife Kumail Bai and son Shriram to District Hospital, Jashpur, for treatment. Upon examination, the doctor declared Shriram dead and admitted Kumail Bai for treatment. Thus, Mahesh Ram fatally attacked Shriram, causing serious head injuries that resulted in his death.

4. After Devraj lodged the report at Jashpur Police Station, an inquest was conducted under Section 174 CrPC, and the cause of death was investigated. Subsequently, after registering the First Information Report (Ex.P-1), Crime No. 191/2021 was taken up for investigation under Sections 302 and 307 of the Indian Penal Code (IPC). The spot map of the incident was prepared (Ex.P-3), and the Patwari prepared the site map (Ex.P-5) along with the Panchnama (Ex.P-6). The inspector inspected the body after summoning the panchas and prepared the inquest (Ex.P-8). An application was submitted to the constable for examination of the deceased's body. According to the Medical Officer, Dr. Gayatri Ohdar, the post-mortem examination of the deceased Shriram, conducted on 23.08.2021, revealed that the cause of death was cardiorespiratory arrest due to hypodynamic shock. The deceased’s death occurred within 20 to 22 hours of the autopsy. The nature of dea