‘A’ shoots at ‘Z’ with an intention to kill, presuming that ‘Z’ died he burnt the body of ‘Z’ when he was alive. What offence did ‘A’ commit?

Facts of the Case

• ‘A’ shot at ‘Z’ with the intention to kill him.
• Believing that ‘Z’ was dead, ‘A’ burnt Z’s body.
• In reality, ‘Z’ was still alive at the time of burning.
• ‘Z’ survived the injuries caused by shooting and burning.
• The question arises as to what offences ‘A’ committed under the Indian Penal Code (IPC).

Issues in the Case

1. Whether ‘A’ is guilty of attempt to murder or murder?
2. Whether burning ‘Z’ while alive amounts to grievous hurt or attempt to murder?
3. Whether the mens rea (intention) applies to both shooting and burning acts?
4. Which IPC sections are applicable for prosecution of ‘A’?

Legal Principles Covered

A. Attempt to Murder – Section 307 IPC

• Section 307 IPC punishes attempt to murder when a person does an act with intention to cause death, but death does not occur.
• Here:
  • ‘A’ shot ‘Z’ intending to kill him.
  • ‘Z’ survived.
    → ‘A’ is liable under Section 307 IPC (Attempt to Murder).

B. Grievous Hurt – Section 320 & Section 325 IPC

• ‘A’ burnt ‘Z’ while alive, causing serious injury.
• Intentionally causing burns to the body of a living person is considered grievous hurt.
• Section 325 IPC punishes voluntarily causing grievous hurt.

C. Common Intention / Mens Rea – Section 34 IPC

• ‘A’ had intention to kill, applied in both acts (shooting and burning).
• Both acts are connected by a common intention: to cause death.

D. Murder – Section 300 & 302 IPC

• Although ‘A’ intended to kill, death did not occur.
• If ‘Z’ had died due to either shooting or burning, Section 302 (murder) would apply.
• Since death did not occur, attempted murder applies instead.

E. Relevant Case Law

• Courts have held that attempt to commit an offence with mens rea suffices for criminal liability, even if the intended result (death) does not occur.
• Burning a person alive while presuming them dead constitutes grievous hurt with dangerous weapon.

Possible Judgement

Court’s Likely Findings

1. Shooting at ‘Z’ with intent to kill:
   • Death did not occur → Attempt to murder under Section 307 IPC.
2. Burning ‘Z’ while alive:
   • Intentional act causing serious injury → Grievous hurt under Section 325 IPC.
3. Mens Rea:
   • Clear intention to kill exists → strengthens Section 307 charge.

Probable Judicial Outcome

• ‘A’ is guilty of attempt to murder (Section 307 IPC).
• ‘A’ is also guilty of voluntarily causing grievous hurt (Section 325 IPC) by burning ‘Z’.
• Punishment:
  • Section 307 IPC → Imprisonment up to 10 years, possibly life imprisonment depending on gravity.
  • Section 325 IPC → Imprisonment up to 7 years and fine.

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