Supreme Court Of India
Before : N. v. Ramana, Mohan M.
Shantanagoudar and M.R. Shah,J.J.
Criminal Appeal Nos. 1478-1479 of 2011.D/d. 27.11.2018
Ramji – Appellants
Versus
State Of Punjab – Respondents
For Appellants : – Pradeep Gupta, Parinav Gupta, Mrs. Mansi Gupta, Wazir Singh Malik, Moazzam Ali, Dr.(Mrs.) Vipin Gupta, Advocates.
For the Respondents : Ms. Jaspreet Gogia, Advocate.
Constitution of India, 1950, Article 136 – Indian Penal Code, 1860, Section 302 and 304
Part II – Alteration of Conviction – Crime leading to death of deceased took place in four stages – First at hands of accused 1 to 4 at house if deceased – Secondly, at floor mill, thirdly at house of witness where deceased hid himself – Fourthly at bus stand where appellant joined other accused and actively participated in crime – Appellant accused despite being in uniform of SPO and expected to protect deceased exhibited unruly behaviour in public place gave kick blow on chest and of deceased – Entire incident took place not in spur of moment – Appellant holding post of SPO was aware that death was likely to ensure for beating received by deceased – High Court rightly altered conviction to one under Section 302 IPC.
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