Q: Illucidate the solution of the problem stated below ?

Problem Statement: A, woman, during a quarrel with B, her sister in law  threw her 2- year- old child into a pond 4 feet deep in rage and told her that the death of this child would teach her a lesson, but C, who was standing near the pond took the child out immediately and the death of that child was averted. Is A, woman guilty under section 307 IPC for the attempt to murder that child? 

Solution: The present problem is based on the facts of the case of Emperor vs Musummat Nannhi Bahu on 15 December, 1909. In this case, an accused during a quarrel with his sister- in- law threw her three year old child in a pond in a fit of rage. The pond was about 4 feet deep and was situated next to his house. A bystander C took the child out of the pond. She expressed during the quarrel that the death of the child would be a curse for the woman who was quarreling with her. In these circumstances, it can be presumed that it was her desire that the child should have died. Thus she is guilty of attempt to murder.

Conclusion- A, woman is guilty of attempt to murder under section 307 IPC as well as she is also accused under section 323 of IPC i.e., voluntarily causing hurt.

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