There must be intentional attempt to commit murder to attract ‘attempt to murder’ offence: Kerala High Court

TheKerala High Courtrecently set aside the conviction of a man for attempt to murder observing that there must be an intentional attempt to commit murder in order to attract the offence under Section 307 of theIndian Penal Code.

JusticeA Badharudeenpartly allowed the appeal filed by the convict in a 2005 case while convicting him for the offences punishable under Sections 323 (voluntarily causing hurt), 324 (causing hurt using deadly weapon) and 341 (wrongful restraint) of the IPC.

“It is the well settled law that, in order to attract the offence under Section 307 of IPC, there must be an intentional attempt to commit murder.

In the instant case, going through the manner in which the incident occurred and the attack at the instance of the 1st accused, either intention or knowledge to cause death of PW1 could not be found and the 1st accused only caused one injury…”, the order dated March 5 read.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism.

Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.

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This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents.

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