Unclear Intent in Attempt to Murder: How Indian Courts Infer It

2025 0 Supreme(Raj) 2134

What the Court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the Section. An attempt in order to be criminal need not be the penultimate act. ... Whether there was intention to kill or knowledge that death will be caused is a question of fact and would depend on the facts of a given case. ... Heard the counsel for both the sides and perused the record of case.....

2025 0 Supreme(Raj) 2053

What the Court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the Section. An attempt in order to be criminal need not be the penultimate act. ... Thus, it is clear that at the stage of framing of charge, though the power of weighing and sifting of evidence is limited only to extent of assessing whether a prima facie case is made out against the petitioner-accused or no....

Court of Criminal Appeal-Verdict of culpable homicide not justified-Grave and sudden provocation-No common intention-Attempt to commi culpable homicide substituted in the case of 2nd accused. The two accused were indicted for murder and convicted of culpable homicide. ... Held, that a verdict of " Guilty of an attempt to commit culpable homicide not amounting to murder where hurt has been cause " should be substituted for that of culpable h....

2023 0 Supreme(Telangana) 281

However, whether the deceased fell in the direction of the rear tyre, of the truck, or whether he fell clear of the vehicle, has not been proved; equally it is not clear from the evidence, that the appellant knew that he did. ... By the discussion that went on supra, it is clear that the appellant neither carried intention to cause death of the deceased nor to kill P.Ws.1 and 2. Thus, the case falls within the ambit of Section 324 I....

He then told them that if they could not find such an intention, or were in reasonable doubt as to the existence of such an intention, they should not find him guilty of murder, but should go on to consider whether they could find that he had the knowledge that his act was likely to cause death. ... Was he seeking to ascertain whether intention to cause death, &c., was essential ; or whether the prisoner would be guilty of #HL....

We, therefore, find him guilty of attempt to commit culpable homicide not amounting to murder and direct that he undergoes rigorous imprisonment for a period of six years. Varied. ... That at any rate, in our view, was the second appellant's offence, on the case as it stands. We would, therefore, set aside the conviction of murder and find the second appellant guilty of culpable homicide not amounting to murder and pass a sentence of twelve years' rigorous im....

2024 Supreme(SRI)(SC) 12846

The inference of common intention should not be reached unless it is a necessary inference deducible from the circumstances of the case. ... However, it must be noted that in the case referred to above, the charge was abetment of murder following conspiracy. In that respect this case differs from the instant appeal as it is based on common intention and not on a charge of conspiracy. ... not entertain common intention#HL_....

2023 0 Supreme(Jhk) 749

12. “11. … Section 307 relates to attempt to murder. It reads as follows: ‘307. Attempt to murder. ... What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section. An attempt in order to be criminal need not be the penultimate act. ... As such his acts comes within attempt to murder under Section 307 of the I.P.....

Eventually Martin was not called and his deposition was not read. What actually took place in Court in this connection is not very clear. In his charge the trial Judge says " The defending Counsel submitted that this was somewhat irregular but I held it was not. ... - In this case five accused were indicted for the murder of Maddumage Mathes. The Jury by a majority of five to two, in the case of the first accused, and unanimously in the ....

Court of Appeal Putrajaya

Penal Code ; ii) whether the LHCJ had erred in law and in facts when His Lordship had decided that both the Respondents were not acting in furtherance of a common intention to murder the deceased when the evidence of common intention were overwhelming; and iii) whether ... Proof of holding the same intention or of sharing some other intention, is not enough. ... In light of the line of questioning of the eyewitnesses, it is #HL_STAR....

2020 0 Supreme(Cal) 444

Intention of the appellant to murder the victim is clear. 5. On the other hand, Mr. Maity, learned Additional Public Prosecutor submitted that the evidence of the eye-witnesses unequivocally establishes the prosecution case that the appellant hit the victim on her head with a sabal. Ocular evidence of eyewitnesses is corroborated by the evidence of post-mortem doctor, P.W. 14.

2017 0 Supreme(Kar) 1378

Therefore the Trial Court convicted the accused under Sections 307 and 324 of IPC. Thus it is clear that the accused had a clear intention to commit murder. Thereafter he assaulted the deceased on the vital part of the body namely, the head.

2015 0 Supreme(MP) 595

This goes to show that in the heat of passion upon a sudden quarrel followed by a fight the accused persons has caused injuries on the deceased, but had not acted in cruel or unusual manner”. But in the present case clear cut intention to commit murder of deceased has been proved.

2014 0 Supreme(All) 876

It is fallacious to contend that when death is caused by a single blow, clause thirdly is not attracted and, therefore, it would not amount to murder. The ingredient ‘intention’ in that clause gives clue in a given case whether offence involved is murder or not.

2014 0 Supreme(J&K) 44

Otherwise, there was no difficulty or impediment for him in firing upon the vital part of the body of the deceased. In the given circumstances, the act of the accused is punishable under Section 304-II, RPC. What was the intention of the accused is clear, i.e. not to commit the murder. The version of Mst. Zarina Begum that accused even asked them to take the deceased to Hospital for treatment and then version of witness Dr. Pathania that in case patient would have been provided immediate medical aid, his life could have been saved, cannot be ignored.