State of Maharashtra  INSC 1675 (23 October 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1934 OF 2009 ( @ SPECIAL LEAVE
PETITION (CRL.)NO.5560/2007) SHARAD ... APPELLANT(S) VERSUS
O R D E R
appellant herein was tried by the Ist Adhoc Additional Sessions Judge, Wardha
for the offence punishable under Section 302 and was sentenced for undergoing
life imprisonment with a fine of Rs.1,000/- in default to suffer rigorous
imprisonment for one month.
appellant then filed an appeal before the High Court and the same was dismissed
by the High Court. The appellant preferred this appeal and at the time of
issuing notice we have indicated that the appeal is only confined to the
question of nature of the offence.
counsel for the appellant contends that the appellant was a young man aged
about 20 years at the time of the incident; and there was no pre-mediation or
serious intention to kill the deceased. Appellant had a quarrel with one Mukesh
in which one Manoj Kashyap and one Sanjay Pande intervened and separated them
each other. Thereafter the accused went from the place of incident and he met
Mukesh later and it appears that there was a quarrel thereafter and the accused
caused injury to Mukesh and he died. The injury was on the left side of the
chest near sternum between 3 rd and 4th rib. There is also another injury which
is superficial in nature.
counsel for the appellant contends that there is only one injury and that too
pursuant to the altercation and there is no evidence to show that there was any
previous enmity or not. The appellant's contention is that the offence
committed does not amount to murder. Going by the injury sustained by the
deceased and having regard to the entire facts and circumstances of the case,
in our opinion, the offence committed by the appellant, at the most, comes
under Part -I of Section 304 I.P.C. We, therefore, set aside the conviction of
the appellant under Section 302 I.P.C. and find him guilty under Section 304
Part-I of IPC and sentence him to undergo imprisonment for 10 years. The
appellant will undergo the remaining period of sentence.
appeal is disposed of accordingly.
..................CJI (K.G. BALAKRISHNAN)
...................J. (TARUN CHATTERJEE)
...................J. (Dr. B.S. CHAUHAN)