Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]
6 years, 1 month ago

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]

Live Law  

The Supreme Court has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Indian Penal Code. In the appeal filed by the state, the bench examined the provisions of Section 307 IPC and observed: The first part of Section 307 refers to "an act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder". Referring to some earlier judgments on this subject, the bench said: "The above judgments of this Court lead us to the conclusion that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Penal Code. The bench then set aside the high court judgment and convicted the accused under Section 307 IPC.

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History of this topic

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
2 weeks ago

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

Live Law  

The Supreme Court recently discharged two persons accused of not providing safety equipment to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. The Trial Court and High Court rejected the appellants' discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II …

Offence Of Grievous Hurt By Dangerous Weapons(S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court
2 months, 2 weeks ago

Offence Of Grievous Hurt By Dangerous Weapons(S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court observed that while Section 326 of the Indian Penal Code, 1860, is non-compoundable, the Court can, in exceptional circumstances, invoke its inherent power to give effect to compromise. “In light of the amicable settlement and the complainant's unequivocal consent, as evidenced by the Interlocutory Application, this Court finds it appropriate to allow the present M.A. Procedure Code, …

2 persons get rigorous life imprisonment in murder case in Chevella
2 months, 3 weeks ago

2 persons get rigorous life imprisonment in murder case in Chevella

Deccan Chronicle  

Hyderabad: In a significant judgment, the X Additional District and Sessions Judge in Ranga Reddy district sentenced two persons - ‎Guduru Kumar and Kotha Kurva Ramachandraiah to undergo rigorous life imprisonment and to pay a fine of Rs.5,000 in a murder case that took place in Chevella. In default of payment of fine, they must undergo simple imprisonment for one …

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
3 months ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court
3 months ago

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Live Law  

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. “ In view of the above legal position, settlement of cases …

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI
1 year ago

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI

The Hindu  

The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation the probe into an attack on a team of Directorate of Enforcement officers at Sandeshkhali on January 5. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against …

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder
1 year, 3 months ago

S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder

Live Law  

The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour….As such, the conviction under Section 307, IPC is unsustainable.” Imperatively, while doing so, the Court also …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC
2 years ago

Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

Live Law  

The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant …

[Custodial Death] Madras High Court Directs CB-CID To Charge Erring Police Officials For Murder, Awards ₹5 Lakh Interim Compensation To Family
2 years, 7 months ago

[Custodial Death] Madras High Court Directs CB-CID To Charge Erring Police Officials For Murder, Awards ₹5 Lakh Interim Compensation To Family

Live Law  

The Madras High Court recently allowed a mother's plea to register a case for the offence of Murder against the police officials allegedly involved in the custodial death of her 22 year old son.It directed the CB-CID to alter the charge against the accused police officials and proceed against them for the offence of murder and file the final report …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony
3 years, 1 month ago

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony

Live Law  

The Delhi High Court recently referred to the law on appreciation of testimony of an injured witness, while upholding the judgment and conviction for attempted Murder punishable under Section 307 of IPC.Justice Manoj Kumar Ohri noted that the complainant/ witness had identified the appellant in Court and in cross-examination, he denied the suggestion that the appellant was. The Delhi High …

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court
3 years, 4 months ago

Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court

Live Law  

The Supreme Court observed that, in attempt to murder cases, the intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.The Court observed thus while dismissing appeal filed by accused whose conviction under Section 307 read with Section 34 of the IPC was upheld by the High …

Production Of Injury Report Is Not A Sine Qua Non For Establishing Offence Under Section 323 IPC: Supreme Court
3 years, 7 months ago

Production Of Injury Report Is Not A Sine Qua Non For Establishing Offence Under Section 323 IPC: Supreme Court

Live Law  

The Supreme Court observed that production of injury report is not a sine qua non for establishing the case for the offence under Section 323 Indian Penal Code.In this case, the accused are convicted for the offences under Section 323 and 147 IPC and are sentenced to undergo six months simple imprisonment. The Supreme Court observed that production of injury …

Distinction Between Attempt To Commit Culpable Homicide Not Amounting To Murder [Sec.308 IPC] & Voluntary Causing Hurt By Dangerous Weapons [Sec. 324 IPC]: SC Explains
4 years, 5 months ago

Distinction Between Attempt To Commit Culpable Homicide Not Amounting To Murder [Sec.308 IPC] & Voluntary Causing Hurt By Dangerous Weapons [Sec. 324 IPC]: SC Explains

Live Law  

In an order passed last month in a criminal appeal, the Supreme court explained the 'subtle and nuanced' distinction between attempt to commit culpable homicide not amounting to murder and voluntarily causing hurt with a sharp-edged weapon.Under the former, injuries must be such as are likely to cause death, but in the latter. In an order passed last month in …

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]
5 years, 9 months ago

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, even in a case of death by a single blow, but on the vital part of the body, the case may fall under Section 302 of the Indian Penal Code. The bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of …

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines
6 years ago

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines

Live Law  

A three Judge Bench of Supreme Court of India on Tuesday has issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties. The Bench has then issued the following Guidelines i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the …

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]
6 years, 1 month ago

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the provocation was voluntary on the part of the accused, it would not attract exception 1 to Section 300 of the Indian Penal Code. The bench comprising Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul set aside a High Court judgment that had converted the conviction of the accused from under Section …

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]
9 years ago

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

Live Law  

Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the …

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]
9 years ago

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

Live Law  

Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the …

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]
9 years, 2 months ago

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]

Live Law  

The Supreme Court has held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. However the court observed "The emphasis in clause three of Section 300 IPC is on the sufficiency of the injury …

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