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february 2019

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.

The State Of Madhya Pradesh vs Kanha @ Omprakash · Niyam