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Supreme Court of India 2019-01-04 allowed

THE STATE OF MADHYA PRADESH vs KANHA @ OMPRAKASH

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

A man was shot multiple times with a firearm, sustaining 11 punctured wounds on his thigh. The trial court convicted the shooter under IPC Section 307 (attempt to murder) and sentenced him to three years' rigorous imprisonment. The High Court reduced the conviction to Section 324 (voluntarily causing hurt), holding the injuries were not life-threatening and therefore not attempted murder. The Supreme Court allowed the State's appeal, holding that proof of grievous injury is not essential for Section 307. Intent to murder can be inferred from the weapon used, number and nature of wounds, and circumstances, independent of actual injury severity. The conviction was restored.

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Criminal Law Indian Penal Code Attempt to Murder Evidence Intent and Intention

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