Supreme Court of India · 2019-02-04
The State Of Madhya Pradesh vs Kanha @ Omprakash
- Citation / case number
- AIR 2019 SUPREME COURT 713
- Court
- Supreme Court of India
- Petitioner
- The State Of Madhya Pradesh
- Respondent
- Kanha @ Omprakash
- Author
- D.Y. Chandrachud
- Bench
- D.Y. Chandrachud, Hemant Gupta
Judgment text excerpt
The Supreme Court held that the High Court's conversion of the conviction from Section 307 IPC (attempt to murder) to Section 324 IPC (voluntarily causing hurt by dangerous weapons) was based on a misapprehension of the evidence regarding the nature of injuries. The Court emphasized that the prosecution failed to prove that the injuries were grievous or life-threatening, which is essential for a conviction under Section 307. Consequently, the appeal by the State was dismissed, upholding the High Court's decision.