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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 the High Court's decision that had reduced the respondent's conviction from Section 307 IPC (Attempt to Murder) to Section 324 IPC (Voluntarily causing hurt by dangerous weapons). The respondent fired a country rifle at the victim Dashrath Singh, causing 11 punctured bleeding wounds. The High Court held the injuries were not grievous or life-threatening, hence not constituting attempt to murder. The Supreme Court allowed the State's appeal, holding that intention to commit murder under Section 307 need not depend on proof of grievous injury; the nature of the weapon (firearm), the multiplicity of wounds, and surrounding circumstances sufficiently establish intent to murder. The conviction under Section 307 and the sentence of three years rigorous imprisonment were restored.

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Criminal Law Penal Code Attempt to Murder Section 307 IPC Intention Firearm Injuries Evidence Appellate Review

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