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VASANT VITHU JADHAV vs. STATE OF MAHARASHTRA

SCR Citation: [2004] 2 S.C.R. 861
Year/Volume: 2004/ Volume 2
Date of Judgment: 09 March 2004
Petitioner: VASANT VITHU JADHAV
Disposal Nature: Appeal Dismissed
Neutral Citation: 2004 INSC 147
Judgment Delivered by: Hon'ble Dr. Justice Arijit Pasayat
Respondent: STATE OF MAHARASHTRA
Case Type: CRIMINAL APPEAL/522/1997
Order/Judgment: Judgment
1. Headnote

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 to be simple in nature and convicted the accused under S. 324 IPC-However, High Court convicted the accused under S 307 IPC-Correctness of-Held: The fact that injury was simple or minor would not, by itself, rule out application of S. 307 IPC-The determinative question was intention or knowledge and not nature of the injury-It is not necessary that the injury inflicted on the victim should be sufficient, under ordinary circumstances, to cause the death of the person assaulted-Hence, High Court was justified in convicting the accused under S. 307 IPC.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Penal Code
  • 1860: Section 307-Attempt to murder
5. Equivalent citation
    Citation(s) 2004 AIR 2678 = 2004 (9) SCC 31 = 2004 (9) Suppl. SCC 31 = 2004 (3) JT 267 = 2004 (3) Suppl. JT 267 = 2004 (3) SCALE 62