Indian Penal Code, 1860 – Section 326 and 324
SUPREME COURT OF INDIA
Before : – R. Banumathi and Indira Banerjee, JJ.
Criminal Appeal No – 441 0f 2010, D/d. 5.9.2018.
Devi Singh – Appellants
Versus
State of Madhya Pradesh – Respondents
For the Appellants : Ms. Pragati Neekhra, Suryanarana Singh and Ms. Kaveri Vats, Advocates
For the Respondents : Ms. Swarupama Chaturvedi, B. N. Dubey, Ms. Devika Gulati and Ms. Viashali Verma, Advocates.
A. IPC,1860, Sections 326 and 324 – Appeal against conviction – Conviction based upon the evidence of injured in the occurance and diary statements, recorded from deceased by the Investigating officer – Appellant was convicted under section 324 I.P.C. for causing injuries to the deceased – Conviction of under section 324 I.P.C is based upon the proper appreciation of evidence – Since injuries caused by appellant also contributed to the death , the conviction of the appellant under section 324 I.P.C. may not have been proper – He should have been placed on par with the other accused.
B. IPC,1860, Section 326 – Conviction under Section 326 IPC held proper- Punishment – Occurrence of 23 years ago , in which the appellant wielded lathi in causing injuries to the deceased – Having regards to the passage of time and the nature of weapon wielded by the appellant and also considering the facts and circumstances of the case, the sentence of imprisonment reduced to two years.
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