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Supreme Court of India 2017-04-13 allowed

Vaneet Mahajan vs State of Punjab and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A practicing advocate was brutally attacked by multiple assailants armed with deadly weapons (swords, baseball bats, daggers). The High Court had deleted charges under Section 307 IPC (attempt to murder), finding no intention to kill from medical evidence alone. The Supreme Court reversed this, holding that when multiple armed persons attack an unarmed victim with deadly weapons targeting the head and vital areas, intention to kill or knowledge that death would result is presumable. The question of intention is factual, not determinable at the charge-framing stage. The Court restored all charges including Section 307 IPC.

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Criminal Procedure Attempt to Murder Weapons Act Rioting Criminal Intimidation

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