Durgaiah Vs. State of A.P.  INSC 1714 (9 November 2009)
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2062
OF 2009 (Arising out of SLP(Crl.) No. 9091/2008) MUMMIDI DURGAIAH APPELLANT(S)
O R D E R
heard the learned counsel for the parties and perused the impugned judgment and
allegation against the appellant is that he was spreading rumours that PW-6
(Kapu Usha) was having illicit intimacy with one painter and at the time of
commission of the crime, he also instigated the main accused for commission of
It may be
pertinent to mention that three other co- accused A-2, A-3 and A-6 had also
filed a separate special leave petition and this Court after granting leave, in
Criminal Appeal No. 359/2007, converted their conviction from Section 302
I.P.C. to one under Section 2 304 Part-II of the I.P.C. and they were sentenced
to eight years' imprisonment. In the facts and circumstances of this case, we
are of the considered view that the appellant also deserves the same treatment.
the appellant was not having any arm at the time of the incident. Looking to
the role of the appellant, in our considered view, the ends of justice would be
met if his conviction is converted from Section 302/149 I.P.C. to one under
Section 304 Part-II read with Section 149 I.P.C.
the conviction of the appellant under Section 302 I.P.C. is set aside and the
appellant is convicted under Section 304 Part II read with Section 149 I.P.C.
and sentenced to undergo imprisonment for a period of eight years.
appeal is partly allowed and disposed of accordingly.
.....................J (DALVEER BHANDARI)
.....................J (DR. MUKUNDAKAM SHARMA)
November 9, 2009.