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Supreme Court of India 2017-10-04 allowed

Shyam Sharma vs State of Madhya Pradesh and Anr

Bench: 2 — S. Abdul Nazeer

In Brief

Shyam Sharma was convicted under Section 307 IPC (attempt to murder) for shooting Manjeet Singh with a firearm. The High Court affirmed this conviction. The Supreme Court found that both independent witnesses turned hostile, the injury was inflicted without premeditation on a non-vital body part, and the prosecution failed to prove the requisite intention to cause death. The Court set aside the Section 307 conviction and substituted it with conviction under Section 324 IPC (causing hurt by dangerous weapon). The sentence was reduced to the period already served in custody (approximately four months), effectively setting the appellant free.

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Criminal Law Attempt to Murder Grievous Hurt Sentencing

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