JITU @ JITENDER versus STATE OF M.P.

JITU @ JITENDER versus STATE OF M.P.

In view of eyewitness evidence and medical findings, it is not sustainable to uphold conviction for murder under Section 302 IPC. The evidence establishes grievous injuries, justifying conviction under Section 326 IPC with custodial sentence of seven years.

Parties
Appellant Accused: Jitu @ Jitender; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
05 March 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal partly allowed; conviction altered
Legal Topics
Murder, Causing Grievous Injuries, Indian Penal Code Sections 302, 326, 324
Criminal Law Murder Causing Grievous Injuries Indian Penal Code Sections 302, 326, 324

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jitu @ Jitender

Appellant Accused

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether conviction under Section 302 IPC was proper or should be altered to Section 326 IPC

Ratio Decidendi

In view of eyewitness evidence and medical findings, it is not sustainable to uphold conviction for murder under Section 302 IPC. The evidence establishes grievous injuries, justifying conviction under Section 326 IPC with custodial sentence of seven years.

Court Disposition

Appeal partly allowed; conviction altered

Orders

  • Conviction under Section 302 IPC altered to Section 326 IPC
  • Custodial sentence of seven years imposed