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Supreme Court of India 2018-07-27 dismissed

State of Madhya Pradesh vs Gangabishan @ Vishnu & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

In this criminal appeal, the State challenged the High Court's reversal of the trial court's murder convictions. Nine accused persons, armed with various weapons including a 12-bore gun, allegedly assaulted the deceased Rajesh. The trial court convicted all under Section 302 (murder), but the High Court acquitted eight and downgraded the lead accused to culpable homicide under Section 304. The Supreme Court upheld the High Court, finding that the gunshot injury to the deceased's left thigh (a non-vital area) and the lack of corroboration between eyewitness testimony and medical evidence demonstrated the absence of an intention to kill, warranting conviction only for culpable homicide, not murder."

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Criminal Law Murder Culpable Homicide Evidence Medical Evidence Common Intention

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