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august 2018

Supreme Court of India · 2018-08-24

LAKSHMI CHAND vs THE STATE OF UTTAR PRADESH HOME DEPARTMENT PRINCIPAL SECRETARY

Citation / case number
SC 2017/2664
Court
Supreme Court of India
Petitioner
LAKSHMI CHAND
Respondent
THE STATE OF UTTAR PRADESH HOME DEPARTMENT PRINCIPAL SECRETARY
Author
HON'BLE MR. JUSTICE NAVIN SINHA
Bench
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE NAVIN SINHA, HON'BLE MR. JUSTICE K.M. JOSEPH

Judgment text excerpt

The Supreme Court upheld the convictions of the appellants under Sections 323 r/w 34, 324 r/w 34, and 307 r/w 34 IPC, affirming sentences of one year, two years, and eight years of rigorous imprisonment respectively. However, it set aside the conviction under Section 302 r/w 34 IPC, finding no common intention among the appellants and altering the conviction of appellant No. 2 to Section 304 Part II r/w 34 IPC. The Court concluded that the assault was spontaneous, without premeditation, and the injuries inflicted did not demonstrate intent to kill, thus reducing the severity of the charges against the appellants.

LAKSHMI CHAND vs THE STATE OF UTTAR PRADESH HOME DEPARTMENT PRINCIPAL SECRETARY · Niyam