Attempt to Murder -- Injury on Non-Vital Part of Body -- Does not exclude applicability of Section 307 IPC
(i) Indian Penal Code, 1860, S.307 -- Attempt to Murder -- Injury on Non-Vital Part of Body -- Infliction of a fatal or life-threatening injury is not essential to constitute the offence -- Injury on a non-vital part of the body does not by itself exclude the provision -- Intent coupled with an overt act in execution is sufficient -- Determinative question is the intention or knowledge of the accused, not the nature or result of the injury. (ii) Code of Criminal Procedure, 1973, S.227, S.228 -- Framing of Charge -- Attempt to Murder -- Court at the stage of framing charge examines only whether the record discloses a prima facie case and raises suspicion against the accused -- Court is not to conduct a mini-trial or weigh evidence as at final adjudication -- Charge cannot be downgraded by a summary assessment of the nature of injuries alone.
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