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Supreme Court of India 2019-02-04 allowed

State of Madhya Pradesh vs Kanha @ Omprakash

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The State appealed against the High Court's conversion of the respondent's conviction from attempt to murder (Section 307 IPC) to voluntarily causing hurt (Section 324 IPC). The respondent had fired a firearm at the victim, causing eleven small punctured wounds. The High Court had held that without proof of grievous or life-threatening injury, Section 307 could not apply. The Supreme Court reversed this, holding that Section 307 does not require proof of fatal or grievous injury—only the intention to commit murder coupled with an overt act. Here, the firearm used, multiplicity of wounds, and circumstances proved the requisite intent. The conviction under Section 307 and the original three-year sentence were restored.

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Criminal Law Attempt to Murder Indian Penal Code Evidence Criminal Procedure

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