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Madhya Pradesh High Court · body

1976 DIGILAW 123 (MP)

Premnarain v. State of M. P.

1976-09-30

R.L.MURAB

body1976
Short Note : 1. Held : This Court holds that the appellant voluntarily caused the injuries on the complainant with his Chhuri and Gandasa. The offence would fall under S. 326 IPC. Dr Verma (P W. 3) in para 5 of his deposition has said that the injuries were not themselves sufficient to cause death Had the appellant shouted that be would kill, the people near him would have heard. But there is no such evidence to corroborate. Hence it does not appear to be a case of attempt to murder punishable under section 307 IPC. The conviction of the appellant under section 307 IPC is altered to one under section 326 Indian Penal Code. Appeal partly allowed.