State of Madhya Pradesh vs Kanha @ Omprakash - Important Supreme Court Judgment 2019

 State of Madhya Pradesh versus Kanha @ Omprakash - Important Supreme Court Judgment 2019

On 4th February, 2019, in the case of The State of Madhya Pradesh v. Kanha @ Omprakash [Criminal Appeal No. 1589 of 2018], the Supreme Court held that the “proof of grievous or lifethreatening hurt is not a sine qua non for the offence under Section 307 of the Penal Code.” It was held that “the intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances” and “among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent.”

In the present case, the Supreme Court observed that “the nature of the injuries shows that there were eleven punctured wounds” and “the weapon of offence was a firearm.” It was held that “the presence of 11 punctured and bleeding wounds as well as the use of a fire arm leave no doubt that there was an intention to murder.” “Thus, the second part of Section 307 of the Penal Code” was held to be “attracted in the present case.”