Yeah... the burden of proof is on the person who accuses, and section 307 requires that the
intention to kill be clearly demonstrated. For s. 307 to apply, it is not sufficient to just cause physical injury. Did Andy have a grieveous injury? Did a doctor prepare a report after examining him? This can NEVER be a case under s. 307.
At most, Kushal can be tried for assault, the punishment for which can be a fine as low as Rs 500/-. The law (s. 351-8) states that whether a provocation resulted in the assualt or not will merit consideration when the quantum of punishment is determined... So, no Kushal isn't getting thrown behind bars just yet...
Edited by Wisian - 11 years ago