Attempt to Murder -- Grievousness of Injury -- Grievousness of injury is not a necessary ingredient to attract offence of attempt to murder under Section 307 IPC
(i) Indian Penal Code, 1860, S.307 -- Attempt to Murder -- Grievousness of Injury -- Grievousness of the injury or the possibility of injury leading to death is not a necessary ingredient to attract Section 307. Hurt, whether simple or grievous, is not itself a precondition for the offence. Intent coupled with an overt act in execution is sufficient to justify conviction; a bodily injury capable of causing death is not essential. The only prerequisite is that the injury be inflicted with intention to kill or knowledge that death would occur. (ii) Criminal Procedure Code, 1973, S.216 -- Alteration of Charge -- Belated Plea of Intention or Knowledge -- A plea seeking alteration of charge to Section 307 IPC on the ground of intention or knowledge to cause death cannot be entertained at a later stage of trial where such intention or knowledge was not raised at the initial stage, at cognizance, or while evidence was being led, and was not detected during investigation.
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