Question

Apply the legal principles to the facts given below and select the most appropriate answer.

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

In which of the following cases, X is guilty of attempting to commit the offense?

विकल्प

• X, in order to forge a document purporting to be executed by Y, sends his servant to buy a stamp paper in the name of Y. As the servant reaches the shop, he is arrested.

• X shoots at Y whose back is towards him, Y is not hurt as he is beyond the range of the gun.

• X pours half a pint of substance from a bottle marked ‘poison’ into the drink of Y. Y is not aware of it. Later, it turns out that the bottle did not contain any poison.

• X administers some noxious substance to Ria so that an abortion results. The woman was not pregnant.

Answer 1

X shoots at Y whose back is towards him, Y is not hurt as he is beyond the range of the gun.

Explanation:

The fact that X shoots at Y are an “attempt” and X is guilty of this offense. If you read the legal principle (1)  carefully you will know that the action of X comes under the category of “attempt” because it is accompanied by criminal intent or design, which falls short of actual commission but is more than mere preparation. It is an act committed in part execution of a criminal design or intent.