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Supreme Court of India 2023-11-28 partly_allowed

APPELLANT NO.2: DINESH KUMAR vs STATE REPRESENTED BY INSPECTOR OF POLICE,

Bench: 2 — Vikram Nath, Ahsanuddin Amanullah

In Brief

Two appellants were convicted by a trial court under Section 307 IPC (attempt to murder) for attacking a shopkeeper and his mother with knives during an alleged conspiracy. The High Court confirmed the conviction but reduced the sentence from 10 years to 5 years imprisonment. The Supreme Court found that only simple injuries were inflicted on the victims with no evidence of repeated or severe blows. Since intention to cause death could not be inferred from the nature and severity of injuries alone, the Court modified the conviction to Sections 323 and 324 IPC (causing hurt) and reduced the sentence to time already served.

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Criminal Law Attempt to Murder Indian Penal Code Intention and Knowledge Injury Assessment Conviction and Sentencing

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