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Sumit Gupta vs State Nct Of Delhi on 15 October, 2014

12. In such totality of circumstances, it cannot be gathered that the accused inflicted the injury with the recovered knife having an intention/ motive to kill the injured. At the most, if statements of the injured are believed to have caused injury by the accused, it can be observed that the intention of the accused was only to cause hurt, which hurt at the most, does fall in the category of grievous hurt. In such view of the matter and in the backdrop of aforediscussed facts, at the most, the accused can be held guilty for offence u/s. 325 IPC. The trial Court has committed illegality in holding the accused guilty for offence u/s. 307 IPC. Thus, the (Downloaded on 21/02/2024 at 09:06:27 PM) [2024:RJ-JP:6024] (9 of 12) [CRLA-42/1991] conviction of accused for offence u/s. 307 IPC deserves to be converted to offence u/s. 325 IPC. This Court, finds support to its aforesaid view, from the judgment of Delhi High Court in case of Sumit Gupta (supra), relied upon by the counsel for accused.
Delhi High Court Cites 20 - Cited by 1 - S Gupta - Full Document
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