An attempt to commit culpable homicide consists in doing an act with intention or knowledge and under such circumstances that if death were to be caused by such act, the doer would be guilty of culpable homicide not amounting to murder (Vide Section 308).
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A, on grave and sudden provocation, fires a pistol at Z under such circumstances that if he thereby caused death he would be guilty of culpable homicide. Z does not die. A has committed the offence here defined.
Whoever makes an attempt to commit culpable homicide shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both; and if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both (Section 308).
As in an attempt to commit murder so in an attempt to commit culpable homicide, penalty is severe where hurt is caused but this section does not discriminate offenders who may be life convicts from other offenders.