Attempt to Murder -- Intention to Cause Death-- Gravity of Injury Alone Cannot Establish Mens Rea in Absence of Prior Intent or Premeditation
Conviction for attempt to murder under Section 307 IPC requires proof of two essential elements: intention or knowledge to cause death, and an actual act toward committing murder. Gravity of injury alone cannot establish the requisite mens rea. Intention to cause death must be proved independently of the act itself and cannot be presumed from the nature of the injury. In the absence of prior motive, premeditation, or conduct indicative of a determined effort to cause death, Section 307 IPC cannot be attracted.
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