Jharkhand High Court Removes Attempt-to-Murder Conviction but Retains Other Findings

The Jharkhand High Court set aside a conviction for attempted murder because the prosecution had not established the ingredients of Section 307 IPC, while maintaining the accused man’s convictions for other offences.

Background

The case arose from allegations that a minor girl was subjected to violence during purported faith-healing rituals in 2022. The trial court convicted Md. Wahid under several IPC provisions, Section 8 of the POCSO Act and the State witchcraft-prevention law. The appeal before the High Court was confined to the Section 307 conviction.

Legal issue

The legal question was whether the proved facts showed the intention or knowledge required for attempted murder. The State supported the conviction but could not point to material satisfying the particular mental element of Section 307.

Court reasoning and significance

Justice Rajesh Kumar held that the record did not establish the ingredients of attempted murder. The Court expressly maintained convictions under Sections 341, 342, 323 and 324 IPC, Section 8 POCSO and Sections 3 and 4 of the witchcraft-prevention law. It did not acquit the accused of the other offences, and the judgment must not be described as a complete exoneration.

Decision and next step

Because the maximum remaining sentence was four years and the appellant had already spent more than four years in custody, the High Court ordered release unless he was required in another case. The judgment is dated 5 October and was reported on 10 October after the prior run cut-off.