TMI Blog1968 (8) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... to him. It appears that Prahlad Ram suspected a foul play to be practised by the dealers and, therefore, he chose to sleep at the diesel pump. At about 10 in the night Prahlad Ram saw that the four accused persons came to the diesel tank with the tins containing kerosene oil and started pouring that oil in the tank. Prahlad Ram got up and asked the accused persons not to mix kerosene oil as it was likely to damage the vehicles but they did not pay any heed to the advice given by Prahlad Ram. Prahlad Ram then made a report of this incident to the Pradhan of the Panchayat Samiti, Bilara who referred the matter to the Station House Officer, Police Station, Bilara. The Station House Officer went to the spot and sealed empty tins of kerosene near the diesel tank. He sealed the pump as the owner was not available on the spot and on 24th July, 1965 he took a sample from the diesel tank and sent the same for examination to the Central Forensic Science Laboratory, Calcutta. The result of the examination of the sample, as reported by the Director of the said Laboratory, was that the sample was an admixture of diesel and Kerosene oil. After investigation, a]l the four accused persons were ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le the attempt is doing of certain act towards the commission of that offence. The Supreme Court in Abhayanand Mishra v. State of Bihar, AIR 1961 SC 1698 has held that there is a thin line between the preparation for and an attempt to commit an offence. Undoubtedly, a culprit first intends to commit the offence, then makes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, then he is said to have committed the offence if it fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence, therefore can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. 7. Learned counsel for the accused opposite parties urged that in this case an invitation was given to Prahlad Ram to come to the tank next morning to purchase the diesel before the kerosene oil was actually mixed by the accused persons with the diesel, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tempt may be made up of a series of acts, and that any one of those acts done towards the commission of the offence, that is, conducive to its commission is itself punishable, and, though the act does not use the words, it can mean nothing but punishable as an attempt. It does not say that the last act which would form the final part of an attempt in the larger sense is the only act punishable under the section. It says expressly that whosoever in such attempt, obviously using the word in the larger sense, does any act, c.. shall be punishable. The term 'any act' excludes the notion that the final act short of actual commission is alone punishable. 8. In the instant case, it is true that at the time when Prahlad Ram was asked by accused Shantilal to come next day to take the delivery of diesel, the tank was empty and it is not the case of the accused persons that they had extended that invitation to Prahlad Ram In a hope to Ret a fresh supply of the diesel by the next morning. After inviting Prahlad Ram to purchase diesel from his tank that the kerosene oil was mixed with the diesel oil which was in the tank but before Prahlad Ram could go to purchase that admixture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vitation was already given to Prahlad Ram but this fact hardly makes any difference. It is not necessary that in every case the preparation must precede the penultimate act in the series of the acts which go to constitute the offence which falls within the mischief of the term attempt to commit the offence. If Shantilal had mentally prepared himself before extending an invitation to Prahlad Ram to deliver the admixture of diesel and kerosene, then in that event the act of inviting Prahlad Ram before mixing kerosene with whatever little quantity of diesel was left in the pump would certainly go beyond the stage of preparation for the commission of an offence. When a person intends to commit a particular offence and then he conducts himself in such a manner which clearly indicates his desire to translate that intention into action, and in pursuance of such an intention if he does something which may help him to accomplish that desire, then it can safely be held that he committed an offence of attempt to commit a particular offence. It is not necessary that the act which falls under the definition of an attempt should in all circumstances be a penultimate act towards the commission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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