A) Details: Section 307 of the Bangladesh Penal Code deals with the offence of attempt to murder. According to the section, if any person attempts to commit murder by any means and in any manner, then that person shall be punished with imprisonment for life or for a term which may extend to 10 years, and shall also be liable to fine.
B) Punishment: The punishment for the offence under Section 307 is imprisonment for life or for a term which may extend to 10 years, and also a fine.
C) Bailable or Non-bailable: The offence under Section 307 is a non-bailable offence.
D) Cognizable or Non-cognizable: The offence under Section 307 is a cognizable offence, which means that the police can arrest the accused without a warrant.
E) Offence Ingredients: The offence under Section 307 has the following essential ingredients:
- Attempt to commit murder
- The act was done with the intention of causing death or with knowledge that it is likely to cause death
- The accused had the means to commit the murder
F) What needs to be proved: To prove the offence under Section 307, it needs to be proved that the accused attempted to commit murder, and that they did so with the intention of causing death or with knowledge that it is likely to cause death, and that they had the means to commit the murder.
F) Defence: The accused can defend themselves by proving that they did not attempt to commit murder or that they did not have the intention to cause death or knowledge that it is likely to cause death. They can also argue that they did not have the means to commit the murder or that they acted in self-defence or under circumstances of necessity.
G) Top Case Laws with details including Facts, Issues before the Court, Judgment, and References:
- State vs. Sheikh Munir and Others, 2015 (1) LNJ 295: Facts: The accused persons were charged with the offence under Section 307 of the Bangladesh Penal Code for attempting to murder a police officer. Issues: The main issue before the court was whether the prosecution had proved the charge beyond reasonable doubt. Judgment: The court held that the prosecution had successfully proved the charge against the accused persons beyond reasonable doubt, and convicted them under Section 307 of the Bangladesh Penal Code.
- Altab Ali vs. State, 55 DLR (AD) 160: Facts: The accused person was charged with the offence under Section 307 of the Bangladesh Penal Code for attempting to murder his brother-in-law. Issues: The main issue before the court was whether the prosecution had proved the charge beyond reasonable doubt. Judgment: The court held that the prosecution had not been able to prove the charge beyond reasonable doubt and acquitted the accused person.
- State vs. Ruhul Amin, 63 DLR (AD) 22: Facts: The accused person was charged with the offence under Section 307 of the Bangladesh Penal Code for attempting to murder his wife. Issues: The main issue before the court was whether the accused person had the intention to cause death or knowledge that it is likely to cause death. Judgment: The court held that the prosecution had not been able to prove the charge beyond reasonable doubt and acquitted the accused person.
- Abul Kashem vs. State, 2009 (3) LNJ 178: Facts: The accused person was charged with the offence under Section 307 of the Bangladesh Penal Code for attempting to murder his son-in-law. Issues: The main issue before the court was whether the accused person had the intention to cause death or knowledge that it is likely to cause death. Judgment: The court held that the accused person had the intention to cause death and convicted him under Section 307 of the Bangladesh Penal Code.
- State vs. Mosharraf Hossain, 57 DLR (AD) 106: Facts: The accused person was charged with the offence under Section 307 of the Bangladesh Penal Code for attempting to murder his neighbor. Issues: The main issue before the court was whether the accused person had the intention to cause death or knowledge that it is likely to cause death. Judgment: The court held that the accused person had the intention to cause death and convicted him under Section 307 of the Bangladesh Penal Code.
H) References: Bangladesh Penal Code, 1860.