RAJENDRA NARAYAN NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Naveen Chomal, Advocate for the petitioner and Shri Bharat Mehta, APP for the respondent-State.

(2.) BY this revision application under section 397 of the Code of Criminal Procedure, the petitioner has challenged the order dated 4-5-2000 passed in Misc. Application No. 179 of 2000 in Sessions Case No. 161 of 1998 by the Additional Sessions Judge, Mumbai. The learned Judge rejected the petitioners application for remand of the case to the Court of Metropolitan Magistrate for his trial for the offence under section 506 (Part II) of the Indian Penal Code. The relevant facts necessary for disposing of this application are, in brief, as under:

(3.) BEFORE the Sessions Court, petitioner moved an application contending that prime facie the allegations made against him did not disclose any offence of attempt to commit murder as contemplated by section 307 and that at the most he could be charged of the offence of criminal intimidation under section 506 (Part II) of the Indian Penal Code. The petitioner pointed out that he had not done any overt act which could be construed as an attempt to commit murder. The learned Judge, however, did not accept this contention and observed that for the purpose of criminal liability, it is sufficient if the attempt has gone so far that the crime would have been completed but for extraneous intervention which frustrated its consummation. The learned Judge further observed that whether the accused had the intention to kill or not is a matter in the domain of evidence. In this view of the matter, the learned Judge proceeded to reject the application.