In order that Section 307 IPC, should attract in a particular case, it is necessary to establish that if the victim had met his death, the offence would have been one under Section 302 of the IPC. Intention or knowledge that the act of the accused could result in death for which he could be guilty of for the offence of murder is the essence of offence under Section 307. Where the accused person inflict multiple injuries over the body including the vital part thereof, he must be credited with intention or knowledge of the likely consequence of his act being the death of the injured. If the victim survives the injuries, it shall not be open to the accused to plead that he had no such a requisite intention. It has been held in Hari Mohan Mandal v. State of Jharkhand , (2004) 12 SCC 220 where in it has been held that it is not necessary that the injury actually caused to the victim of the assault should be sufficient under ordinary circumstances to cause the death of the person assaulted. What the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section. An attempt in order to be criminal need not be the penultimate act. It is sufficient in law, if there is present an intent coupled with some overt act in execution thereof.
