(L. Nageswara Rao and Deepak Gupta, JJ.)
Hajarilal and Another _____________________________ Appellant(s);
v.
State of Madhya Pradesh ____________________________ Respondent.
Criminal Appeal No. 2205 of 2014, decided on February 5, 2020
The Order of the court was delivered by
Order
1. The Appellants were charged under Section 302/34 of the Indian Penal Code (‘IPC’) for causing the death of Ambaram. They were convicted and sentenced to life imprisonment. Their conviction and sentence was upheld by the High Court aggrieved by which this appeal has been filed.
2. According to the prosecution, the Appellants along with Dharmendra and Mukesh attacked the deceased Ambaram at about 9.00 p.m. on 4.6.1996 when he was returning home after attending to his work. PW1-Bhagwantibai was also accompanying him. The Appellants along with Dharmendra and Mukesh, armed with lathis caused injuries to the deceased due to which he died. The FIR was filed at about 10.30 p.m. and a post mortem was conducted. Dr. Ravindra Choudhari-PW-9, who performed the post mortem opined that the cause of death was cardio respiratory failure due to the injuries suffered by the deceased. Apart from the other injuries, there were two injuries which were caused due to a blunt object on the left parietal region and the fronto parietal region. Bhagwantibai, Gokul Sutar and Kailash Patwari are eyewitnesses and examined as PW-1, PW-2 and PW-5. Their evidence was accepted by the Trial Court while convicting the Appellants. Their evidence was re-examined by the Appellate Court and it was found that there was nothing to disbelieve them.
3. We have carefully examined the evidence and we are of the opinion that this is a fit case where the offence committed by the Appellants can be converted from Section 302/34 IPC to 304 Part II IPC. The weapons used by the Appellants are lathis. Though there was previous enmity relating to a land dispute, the Appellants cannot be attributed with an intention to cause the death of the deceased. We are also informed that the Appellants have undergone the sentence of nearly 12 years.
4. Having regard to the facts and circumstances of this case, we convert the conviction of the Appellants from Section 302/34 IPC to Section 304 Part II IPC and sentence the Appellants to the period already undergone by them.
5. The Appeal stands disposed of.
6. Pending application(s), if any, shall also stand disposed of.
Criminal Appeal No(s). 2205/2014
Hajarilal & Anr ___________________________________ Appellant(s)
v.
The State of Madhya Pradesh ________________________ Respondent
Date : 05-02-2020 This appeal was called on for hearing today.
(Before L. Nageswara Rao and Deepak Gupta, JJ.)
For Appellant(s) Mr. T. Mahipal, AOR
Ms. Mahalakshmi Pavani, Sr. Adv.
Ms. Minakshi Vij, AOR
Ms. Shiva Vijaya Kumar, Adv.
Ms. Neha Syal, Adv.
Mr. Neeleshar Pavani, Adv.
For Respondent(s) Mr. Sunil Fernandes, Addl. AG
Ms. Nupur Kumar, Adv.
Mr. Zeeshan Diwan, Adv.
Mr. Prastut Dalvi, Adv.
Mr. Harsh Parashar, AOR
UPON hearing the counsel the Court made the following
ORDER
7. The Appeal stands disposed of in terms of the Signed Order.
8. Pending application(s), if any, shall also stand disposed of.
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