Law:

Section:

(a) Penal Code (XLV of 1860), S. 307-Attempt to murder­ Whether any act or series of acts constitute criminal attempt-Question of fact-Police constable along with a companion armed with knife and revolver entering a brothel and asking inmates to get up and allow search but on raising of hue and cry running away-Conviction under Ss. 398 & 307/34 altered to one under S. 506-Penal Code (XLV of 1860), Ss. 398, 307/34 & 506. According to the accepted concept of attempt as an indictable crime, it means an intentional act with a view to attain a certain end but which is not achieved because of circumstances indepen­dent of the will of the offender who makes the attempt. Whether any given act or series of acts constitute a criminal attempt punishable under the penal law is a question of fact in each case, depending on-the circumstances surrounding the act. (b) Penal Code (XLV of 1860), S,.307-Ingredlents necessary In an attempt to commit crime. An attempt to commit a crime consists of the ele­ments : (1) The intent to commit the crime, (1l) Performance of some act towards the commission of the crime, and (ill) Failure to consummate its commission on account of the circumstances beyond the control of the offender. The test whether there has been an attempt to commit a crime, is a factual one by reference to the three ingredients set out above. JUDGMENT SAJJAD AHMAD, J.-The appellant, Abdul Majid, a police constable, was tried along with his colleague named Abdul Rauf, for offences under sections 393/398 and 307/34, P. P. C., by the learned Additional Sessions Judge, Sukkur, who acquitted both of them of the charge under section 307/34 but found them guilty of the other charge (393/398), and sentenced each of them to 7 years' R. 1. On appeal to the former High Court of West Pakistan (Karachi Bench), a learned Single Judge confirmed the convictions and sentences of the accused by his order dated the 9th of October 1967. Abdul Majid, appellant, alone moved a petition for leave to appeal in this Court, which was granted on the 16th of February 1968, to re-examine the evidence in the case to consider whether the appellant's conviction has been properly recorded.…

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