Supreme Court of India · 2008-12-03
Prabhu vs State Of M.P
- Citation / case number
- AIR 2009 SUPREME COURT 745
- Court
- Supreme Court of India
- Petitioner
- Prabhu
- Respondent
- State Of M.P
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the Madhya Pradesh High Court's judgment that altered the appellant's conviction from Section 302 IPC to Section 326 IPC, emphasizing that the prosecution failed to prove shared intention among the accused as required under Section 34 IPC. The Court noted that while the appellant was involved in the attack, he did not inflict grievous injuries, which were attributed to another co-accused. The Court confirmed the sentence of 10 years rigorous imprisonment under Section 326 IPC, finding it appropriate given the circumstances of the case.