[Old Section 307, PPC (324, PPC)]
Attempt to murder determining factors. Where the offence falls under section 307, P.P.C. the points to be considered are; the nature of act done, the intention of the offender and circumstances. When the injuries are simple and nothing intervened to prevent the offender from committing the murder, the offence falls under section 324, PPC (DB) 1975 P.Cr.LJ 1210 Ramzan.
Attempt to kill. Although an act may be sufficient to cause death but it would not constitute an offence u/S.307 PPC if necessary intention or knowledge is not established. An attempt per se would not bring case u/S.307 PPC which should stem from specific intention to commit murder. Held, intention to kill cannot be inferred from the mere fact that the pistol shots were fired by the appellant. Appellants acquitted. PLJ 1993 Cr.C. (Kar.) 196, Qayyum Khan.
Injury and its site are not necessary ingredients of offence under section 307, P.P.C. Attack with open knives but blows landing on non-vital parts. No ground for quashing charge under section 307, P.P.C. PLD 1963 Lah. 442 Muhammad Nazir.
Simple injuries with dangerous weapons. Contention that the offence fell under section 324, and not under section 307, PPC Held, the use of dangerous weapons coupled with evidence regarding motive made it clear. In the circumstances, had the victim received fatal injuries accused would have been guilty of murder. Conviction under section 307, PPC held proper. (FC) 1969 P.Cr.LJ 1544 Roshan Akhtar etc. v. Crown.
None of the injuries grievous or dangerous to life or on any vital part of the body. Conviction u/S. 307, PPC altered to one u/S. 324, PPC PLJ 1991 Cr. C. (Lah.) 358 Muhammad Abbas. PLJ 1991 Cr. C. (Lah.) 359 Javed.
307, PPC and not 324, PPC. When three dagger blows were given on the neck although simple in nature the offence would be under section 307 and not 324, PPC. (SC) 1982 PSC 1476 Muhammad Khalid.
Natural consequence of the act. Accused inflicting knife blow only once on abdomen presumed to have not intended murder. Presumption that a man intends the natural consequences of his act, does not extend to consequences which have not occurred. PLD 1962 Kar. 269 Nawab Ali.
Solitary knife blow aimed at lower part of victim's abdomen. Mere fact that a nerve had been cut resulting in bleeding which if not stopped would have proved fatal does not change the nature of the injury from simple to grievous. Charge under section 308, and not section 307, PPC held rightly framed. Accused had made no further attempt to cause the injuries. 1971 P.Cr.LJ 1222 Ali Hassan.
Not attempt to murder: Accused inflicting single injury with slight force and taking no advantage of helplessness of the victim. Held offence under section 324, and not under section 307, P.P.C. 1976 P.Cr.LJ 1458 Wali Muhammad etc.
Offence under section 302, changed to section 307, P.P.C.: Accused giving hatchet blow on the head and co-accused pushing the deceased into canal water. Death held to be caused by drowning. Offence under section 302 changed to section 307, P.P.C. (FC) 1970 P.Cr.LJ 871 Karoo v. Crown.
Shooting at random has to be distinguished from shooting from point blank range. Intention is to be gathered from the surrounding circumstances. Accused is to be punished for what he has done and not what he might have done. PLD 1977 Kar. 726 Muhib etc.
Simple, superficial injuries caused with big knife. Intention to cause death is to be gathered or inferred from external acts. Accused to be punished for what he did and not for what he might have done. Conviction altered from section 307, P.P.C. to section 324, P.P.C. PLD 1963 Kar. 118 Taj Muhammad. AIR 1931 Lah. 63 Fatta v. Emperor.
Pistol fired. Mere fact that a pistol was fired by the accused is not sufficient to inter that the intention was to kill. PLD 1964 Kar. 264 Dhani Bux.
Simple injuries with gun fire. Accused firing gun from long range causing trivial pellet injuries. Accused convicted under section 324, P.P.C. (DB) PLD 1959 Pesh. 128 State v. Amanullah.