Delhi High court granted anticipatory bail in attempt to murder case. Ravi Drall Advocate Delhi High Court
Anticipatory Bail in Attempt to murder case.
Hon’ble Delhi High court granted anticipatory bail in case of culpable homicide not amounting to murder in a FIR lodged under section 308/34 IPC in Mundka Police Station. A Quarrel had taken place between the neighbours over the issue of parking which ensued into fight and injuries were sustained by complainant party on vital part of his body i.e head. Advocate Ravi Drall appeared for accused and argued that the act of accused was not preplanned but out of sudden quarrel without any motive and intention. No deadly weapon was used by the accused person but there are allegations of use of Lathi. There are no chances of abscondence of accused as the accused is a govt. employee in Indian railway. Advocate Ravi Drall further argued that Accused has clean antecedents, there is no case pending against him hence he is not a habitual offender and there are no chances of repeating the offence again. Considering all the circumstances that the accused is a government employee and he has joined the investigation further the incident happened out of spur of moment without any planning and motive, the accused was granted anticipatory bail by Delhi High Court.
Attempt to culpable homicide
Section 308 states that anyone who commits any act with the intent or knowledge of causing death as a result of that act would be guilty of culpable homicide not amounting to murder if that act resulted in death, shall be punished with imprisonment of either description for a term not exceeding three years, or with a fine, or both. If harm is inflicted as a result of such an attempt, he or she will be punished with imprisonment of any sort for a time up to 7 years, or a fine, or both.
The attempt to commit culpable homicide is covered by Section 308 of the Indian Penal Code (not amounting to murder). A person is liable to be punished if the person has committed any act in pursuance of implementing their criminal intentions, be it any act that fell short of a crime commission of a crime. For the accused to be punished under this section, the court must be satisfied that he or she attempted to commit culpable homicide (rather than murder), i.e., if the accused had been successful in carrying out his or her desired conduct or completing the act, he or she would have committed culpable homicide rather than murder. With the use of clear proof, the court must be assured of such an act.
Essentials for an attempt to culpable homicide
The following are the requirements for proving an offence under Section 308 of the Indian Penal Code (Attempt to Culpable Homicide):
Nature of conduct
The nature of the conduct being undertaken should be such that if it is not prevented or intercepted, it will result in the victim’s death.
Intention or knowledge of committing the crime
The intention to murder must be established beyond a reasonable doubt. The prosecution can utilise circumstances such as an attack by deadly weapons on the victim’s essential bodily parts to show this, but the purpose to kill cannot be judged just by the severity of the harm caused to the victim. If culpable homicide does not amount to murder, the person attempting to conduct it does so with the goal or knowledge that if the act he commits results in death, he will be found guilty.
Execution of the offence
The purpose and knowledge that resulted in the accused’s attempt at culpable homicide must also be proven for conviction under the clause.
Results in Death
The offender’s actions would result in death in its natural course.
Scope of Section 308 IPC
The offence of attempt to culpable homicide is covered by Section 308 of the Criminal Code. This Section applies when an individual acts with the intention or knowledge that if death is caused as a result of his or her actions, he or she will be guilty of culpable homicide not amounting to murder. An individual, on the other hand, is charged with an “attempt” to commit a crime when he or she takes measures to conduct a crime but fails due to deficiencies or errors.
Nature of offence under Section 308 IPC
Section 308 stipulates two types of penalties, depending on whether or not harm is accomplished during the attempt. If no harm is inflicted, the criminal faces a maximum sentence of 3 years in jail. If harm is caused, the offender faces a maximum sentence of 7 years in prison.
Punishment for Section 308 IPC
The offence under Section 308 is:
There are two types of offences: cognizable and non-cognizable. A cognizable offence is required by law for the police to register and investigate. Cognizable offences are generally of a serious nature and the ones for which a police officer may arrest without a warrant.
This implies that if a magistrate receives a complaint under Section 308, he or she has the authority to deny bail and detain a person in court or police custody. Non-bailable offences are serious crimes for which bail is a privilege and not a norm. When a person is arrested and brought into jail under Section 308, he or she does not have the right to seek bail.
The complainant cannot withdraw a non-compoundable case at any time. These cases cannot be settled mutually by the parties, with the complainant dropping the charges against the accused, even if done willingly.
Triable by session court
The Court of Session does not have direct jurisdiction over these matters. Instead, if the cases are only triable by the session court, the Magistrate refers them to the court of session under Section 209 of the Code of Criminal Procedure, 1973. It should be noted that the Sessions Court only examines cases involving offences that carry a sentence of more than seven years in prison, life in prison, or death as a penalty.
Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.
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