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Supreme Court of India 2018-08-24 partly_allowed

Lakshmi Chand and another vs State of Uttar Pradesh

Bench: 2 — Navin Sinha

In Brief

Lakshmi Chand and another were convicted of assaulting their neighbour Prem Lal following a dispute over strayed bullocks. The trial court found them guilty of murder (Section 302), attempt to murder (Section 307), and voluntarily causing hurt (Sections 323 and 324) with common intention. The High Court set aside the murder conviction, finding no common intention, and altered Appellant No. 2's conviction to culpable homicide not amounting to murder (Section 304 Part II). The Supreme Court upheld the convictions under Sections 323 and 324 but set aside the conviction under Section 307, holding that the simple nature of injuries caused to witnesses could not support an attempt to murder charge. The Court reduced Appellant No. 2's sentence from eight to two years, emphasizing the spontaneous nature of the incident and the absence of premeditation."

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Criminal Law Murder and Culpable Homicide Common Intention Attempt to Murder Self-Defence Criminal Procedure

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