VidhiSangh

Supreme Court of India · 27/07/2018

STATE OF MADHYA PRADESH versus GANGABISHAN @ VISHNU & ORS.

[2018] 9 S.C.R. 349 · 2018 INSC 644

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Summary

The Supreme Court dismissed the State’s challenge to acquittal of eight accused and reduction of the gunman’s conviction from murder to culpable homicide under Section 304 Part I. Omnibus assault allegations were not supported by the medical evidence. On the circumstances of the single shot to the back of the thigh, the Court sustained the finding of intent to cause bodily injury likely to cause death rather than intent to murder.

Issues

  1. Whether the evidentiary record justified reversing the acquittals or restoring the murder conviction of the gunman.

Provisions considered

Held

Result

State appeal dismissed. Acquittals of respondents 2 to 9 and respondent 1’s conviction and sentence under Section 304 Part I left undisturbed.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 349.