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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

This case involved a fatal shooting incident that occurred during a dispute over cattle damaging crops. The deceased was shot in the thigh by the first respondent using a 12-bore gun, resulting in his death. The trial court convicted all nine accused of murder under Sections 302/149 IPC and sentenced them to life imprisonment. However, the High Court acquitted eight accused and downgraded the first respondent's conviction to culpable homicide not amounting to murder under Section 304(Part I) IPC, imposing ten years imprisonment. The Supreme Court upheld this decision, finding that the location and nature of the gunshot injury—striking the back of the thigh rather than vital body parts—demonstrated lack of intent to kill, supporting conviction for culpable homicide instead of murder.

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