Supreme Court of India · 2010-05-05
MUNNAWAR vs STATE OF U.P.
- Citation / case number
- SC 2007/33766
- Court
- Supreme Court of India
- Petitioner
- MUNNAWAR
- Respondent
- STATE OF U.P.
- Author
- HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court examined the conviction under Section 307 IPC and the acquittal under Section 302 IPC, emphasizing that for a conviction of murder, the prosecution must establish the intent to kill beyond reasonable doubt. The Court held that the evidence presented, including dying declarations and eyewitness accounts, was sufficient to uphold the conviction for attempted murder but insufficient for murder, leading to the dismissal of the State's appeal against acquittal under Section 302 IPC. The judgment reinforced the principle that mere presence of injuries does not automatically imply intent to kill.