Iqbal & Ors. Vs.
State of Karnataka [2008] INSC 1731 (15 October 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.1505 OF 2007 Iqbal & Ors. ...Appellant(s)
Versus State of Karnataka ...Respondent(s) O R D E R Heard learned counsel for
the parties.
The appellants, along
with accused Babu [A-6], were convicted under Section 302 read with Section 34
of the Indian Penal Code, 1860 [for short, I.P.C.] and sentenced to undergo
imprisonment for life and to pay fine of Rupees five thousand each; in default,
to undergo further simple imprisonment for a period of one year.
When the matter was
taken in appeal, High Court, while acquitting Babu [A-6] of the charge,
converted the conviction of the appellants from Section 302 read with Section
34 I.P.C. into one under Section 304 Part-I I.P.C. and sentenced them to
undergo rigorous imprisonment for a period of ten years and to pay fine of
Rupees twenty thousand each; in default, to undergo further simple imprisonment
for a period of one year. Hence, this appeal by special leave.
...2/- -2- The
prosecution case has been supported by four eye-witnesses, Jabeer Pasha
[P.W.2], Anwar [P.W.3], Saleem [P.W.4] and Amjad [P.W.5], out of whom P.W.2 is
the informant himself and is an injured witness. All the eye-witnesses have
consistently supported the prosecution case and their evidence is corroborated
by medical evidence. In our view, High Court was quite justified in convicting
the appellants under Section 304 Part-I I.P.C.
Learned counsel
appearing on behalf of the appellants submitted that these appellants have
remained in custody for a period of about seven years; as such, the sentence of
imprisonment awarded against them should be reduced to the period already
undergone by them. In the facts and circumstances of the case, we feel it will
be just and expedient to accede to the prayer.
Accordingly, the
appeal is allowed in-part and, while upholding the conviction of the
appellants, sentence of imprisonment awarded against them is reduced to the
period already undergone by them.
The appellants, who
are in custody, are directed to be released forthwith, if not required in
connection with any other case.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
......................J.
[AFTAB ALAM]
New
Delhi, October 15, 2008.
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