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1 - 10 of 13 (0.44 seconds)The Indian Penal Code, 1860
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 308 in The Indian Penal Code, 1860 [Entire Act]
Section 324 in The Indian Penal Code, 1860 [Entire Act]
Section 334 in The Indian Penal Code, 1860 [Entire Act]
Section 511 in The Indian Penal Code, 1860 [Entire Act]
State Of M.P vs Deshraj & Ors on 29 January, 2004
3. Mr. Namka submitted that the evidence produced by the
prosecution does not establish the case under sections 304 II and 307
IPC. He further submitted that as the appellant has been found not
guilty of the charge under section 302 IPC, he could not have been, in
any case, convicted under section 307 IPC. It was argued, at the most,
the appellant could have been convicted for causing grievous hurt. The
learned Public Prosecutor, on the other hand, submitted that the
prosecution has been able to lead cogent evidence and all the
ingredients of the offences have been duly established beyond all
reasonable doubt. She relied upon the judgment of the Hon'ble
Supreme Court in the State of M.P. vs. Deshraj & Anr.1, in which it was
held that conviction under section 304 II IPC would be proper as there
was a sudden quarrel and death was caused as a result of the injuries
inflicted.
Section 304 in The Code of Criminal Procedure, 1973 [Entire Act]
The State Of Madhya Pradesh vs Kanha @ Omprakash on 4 February, 2019
In State of Madhya Pradesh vs. Kanha alias
Omprakash2, the Hon'ble Supreme Court after examining several
judgments rendered by it earlier held that proof of grievous or life
threatening hurt is not a sine qua non for the offence under section
307 IPC. It was also held that the intention of the accused can be
ascertained from the actual injury, if any, as well as from surrounding
circumstances. Amongst other things, the nature of the weapon used,
and the severity of the blows inflicted can be considered to infer intent.
The established fact reflects a sudden attack, a singular stab injury on
Kedar Subba's (PW-5) right anterior chest wall which was grievous in
nature caused by an 8-inch sharp edged knife (MO-XIII). It seemed to
have happened on the spur of the moment, in a fit of rage and not with
any intention or knowledge relating to commission of murder.