Supreme Court · 2004 INSC 147 · Decided 9 March 2004
Vasant Vithu Jadhav v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2004 INSC 147 · [2004] 2 S.C.R. 861
- Case number
- CRIMINAL APPEAL No. 522/1997
- Decided
- 9 March 2004
- Bench
- Y.K. SABHARWAL, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 324; Arms Act Section 27
Headnote
B Penal Code, 1860: Section 307-Attempt to murder-Accused fired a gun from close range at the victim thereby inflicting injuries on him-Trial court found the injuries C to be simple in nature and convicted the accused under S. 324 !PC-However, High Court convicted the accused under S 307 application of S. 307 !PC-The determinative question was intention or knowledge and not nature of the injury-It is not necessary that the injury inflicted on the D victim should be sufficient, under ordinary circumstances, to cause the death of the person assaulted-Hence, High Court was
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