The Apex Court on 04.02.2019, in THE STATE OF MADHYA PRADESH v KANHA @ OMPRAKASH,[1],had allowed the appeal which had been filed by the State against the  High Court of Madhya Pradesh’s order and judgment that had  converted the conviction under Section 307 of the IPC to Section 324 of the IPC  followed by sentencing the respondent for a  40 days period of imprisonment along with a  fine Rs 3,000 as fine.

FACTS:
According per the version of the prosecution, there involved an altercation between the parties. The injured was shot with a fire-arm rustling in heavy bleeding and injuries by the Respondent. According to the complaint it was discovered that the party were at loggerheads with each other due to love marriage that had been vehemently opposed by   both families along with another dispute arising over a business pertaining to disc cable connection resulting in the filing of charge-sheet under Sections 147 and 307 read with 149 and 323 of the Penal Code, respectively. The Trial Court sentenced the respondent to undergo an imprisonment for a period of rigorous, three years along with fine as he was held guilty for an offence punishable under Section 307 of IPC.

Being aggrieved, an appeal was made before the High Court wherein a conversion was made to the conviction from that under Section 307 to Section 324 of IPC while sentencing the accused to term of imprisonment for forty days along with a fine resulting in the appealing by the State to the Apex Court through special leave.

ISSUE: Had the High Court committed an error while converting the conviction of the accused?

CONTENTIONS RAISED BY THE APPELLANT: It was contended by the State that the High Court had disregarded and failed to appreciate the evidence provided to it as it had been evident from the injuries succumbed by the injured and the weapon that the injury was intended for committing murder, further the hurt caused had satisfied the ingredient which are necessary for the commission of the offence under Section 307 of the IPC.

CONTENTIONS RAISED BY THE RESPONDENTS: It was contended by the Respondents that the nature of such injuries were not properly explained in the evidence cited and that such injuries were  simple in nature and that those injuries caused shall fall under the commission of offence under  Section 324  and not  307 of IPC.

DECISION HELD BY THE APEX COURT: The Apex Court while allowing the appeal made by the State and setting aside  the High Court’s judgment  while restoring the sentence awarded by Trial Court held that nature of injuries and weapon used for injuring the victim clearly indicated an intention of committing murder   thereby  attracting  Section 307 of IPC.