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.”

Comments

Popular posts from this blog

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India

संविधान के अनुच्छेद 12 के अनुसार राज्य | State in Article 12 of Constitution