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Supreme Court of India 2017-04-26 partly_allowed

Jagdish Prasad @ J.P. & Ors vs State of Rajasthan

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants were convicted of murder (Section 302/149 IPC) along with rioting, causing grievous hurt, and kidnapping in a case where a victim was attacked by a large group during an abduction. The Supreme Court found that the main alleged assailants were acquitted without State appeal, injuries were confined to hands and legs (no vital parts injured), and the severity of charges was disproportionate to the actual harm. The Court modified the conviction from murder to voluntarily causing grievous hurt (Section 326/149 IPC) and released the appellants after crediting their lengthy incarceration. The appeal was partly allowed.

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Criminal Appeal Murder and Culpable Homicide Grievous Hurt Rioting Kidnapping Dying Declaration Evidence Sentencing Conviction Modification

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