Panchu @ Panchanan Sethi. Vs. The State of Orissa.
EmailAppeal: Criminal Appeal No. of 1987.
(Arising Out Of Special Leave Petition (Crl.) No. 712 of 1984).
(Arising Out Of Special Leave Petition (Crl.) No. 712 of 1984).
Petitioner: Panchu @ Panchanan Sethi.
Respondent: The State of Orissa.
Apeal: Criminal Appeal No. of 1987.
(Arising Out Of Special Leave Petition (Crl.) No. 712 of 1984).
(Arising Out Of Special Leave Petition (Crl.) No. 712 of 1984).
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 20, 1987
Head Note:
CRIMINAL LAW:
Indian Penal Code, 1860; Sections 302 and 304 – Conviction converted from S.302 to S.304 Part II.
JUDGEMENT:
ORDER
1. Special leave granted limited to the question of nature of offence and sentence only. Heard both the sides.
2. Having taken into account all the relevant circumstances we are satisfied that the offence would fall under section 304 Part II I.P.C. and not under section 302 I.P.C. Under the circumstances, we allow the appeal partly to this limited extent and convert the conviction from one under section 302 I.P.C. to one under section 304 part II I.P.C. We reduce the sentence from one of imprisonment for life to one of seven years’ rigorous imprisonment. If the appellant has already undergone seven years’ rigorous imprisonment, he shall be released forthwith.
Appeal partly allowed.
1. Special leave granted limited to the question of nature of offence and sentence only. Heard both the sides.
2. Having taken into account all the relevant circumstances we are satisfied that the offence would fall under section 304 Part II I.P.C. and not under section 302 I.P.C. Under the circumstances, we allow the appeal partly to this limited extent and convert the conviction from one under section 302 I.P.C. to one under section 304 part II I.P.C. We reduce the sentence from one of imprisonment for life to one of seven years’ rigorous imprisonment. If the appellant has already undergone seven years’ rigorous imprisonment, he shall be released forthwith.
Appeal partly allowed.
