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Supreme Court of India 2019-01-04 dismissed

Champa Lal Dhakar vs Naval Singh Rajput & Ors

Bench: 2 — M.R. Shah

In Brief

The Supreme Court upheld the High Court's decision to set aside the trial court's charge of attempt to murder (Section 307 IPC) against multiple accused persons. The complaint arose from an alleged attack by 17-18 persons on the complainant, resulting in nose injuries and a nasal bone fracture. The Court held that while the injuries constituted grievous hurt, the medical evidence and circumstances did not demonstrate the accused's intention to cause death, which is essential for Section 307 IPC. Therefore, the appropriate charge was voluntarily causing grievous hurt (Section 325 IPC) with common intention, not attempt to murder.

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Criminal Law Penal Code Attempt to Murder Grievous Hurt Charge Framing Criminal Procedure

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