Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death of victim rigorous imprisonment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860: ss. 299, 302 and 307 —- Victim shot at from a distant range — Death of victim on the way to village — Acquittal by trial court — Conviction by High Court u/s 302 of accused who fired the shots ~ Held: The doctor, who conducted post- mortem examination, found no internal injuries and opined that gun was fired from a distant range — He further opined that death was caused because of shock but he has not stated that it was due to the injuries caused by appellant or that deceased profusely bled which could have caused shock — It is not shown that the injuries found on the person of the deceased were of such nature, which in the ordinary course of nature could cause shock — It, therefore, creates a doubt as to whether deceased suffered shock on account of injuries sustained by him - However, it has been proved that appellant shot at deceased with an intention to kill him or at least he had the knowledge that the act would cause death — Allegations proved constitute an offence u/s 307 — Conviction of appellant is altered from s. 302 to s. 307 and he is sentenced to rigorous imprisonment for ten years. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 7 |
Petitioner | M.b. Suresh |
Respondent | State Of Karnataka |
SCR | [2014] 1 S.C.R. 99 |
Judgement Date | 2014-01-06 |
Case Number | 985 |
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