(D.Y. Chandrachud and Sanjiv Khanna, JJ.)
Special Leave Petition (Criminal) Diary No. 31120/2019
Khokan @ Khokhan Vishwas _________________________ Petitioner;
v.
State of Chhattisgarh _______________________________ Respondent.
(With appln.(s) for IA No. 127285/2020-Condonation of Delay in Filing and IA No. 127286/2020-Exemption From Filing C/C of the Impugned Judgment)
Special Leave Petition (Criminal) Diary No. 31120/2019; CRLA No. 38/2009; IA No. 127285/2020; and IA No. 127286/2020, decided on January 8, 2021
The Order of the court was delivered by
Order
1. Delay condoned.
2. Mr. Rishi Malhotra, learned counsel appearing on behalf of the petitioner submits that:
(i) In the present case the incident which took place on 8 August 2006 involved a sudden quarrel between the petitioner and the deceased;
(ii) The case of the prosecution which has been found to be established is that the petitioner pushed the deceased down and stood on his abdomen, as a result of which, an internal injury was sustained in the small intestine;
(iii) The death of the deceased took place due to septicemia on 11 August 2006;
(iv) On the above premises the conviction of the petitioner may be altered from Section 302 to Section 304 Part I of the Indian Penal Code; and
(v) The petitioner has undergone 14.5 years of actual imprisonment.
3. Issue notice confined to whether the conviction should be altered to Section 304 – I IPC, returnable in four weeks.
4. Liberty to serve the Standing Counsel for the State of Chhattisgarh, in addition.
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