In a recent ruling by the Supreme Court of India, the alteration of the conviction from Section 302 to Section 304 Part I of the IPC in the case of State v. Ramavtar has been addressed. The decision comes after careful consideration of the evidence on record and medical findings. This marks a significant development in the legal proceedings involving the accused Ramavtar.
Facts
- State feeling aggrieved with the impugned judgment by the High Court
- High Court partly allowed the appeal of the original accused
- Convictions and sentences of various accused altered and set aside
- High Court acquitted some accused and convicted others for lesser offenses
- State has now preferred the present appeal against the High Court’s decision
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Analysis
- The High Court erred in altering the conviction of accused Ramavtar from Sections 302/149 to Section 304 Part II of the IPC.
- Ramavtar caused a fatal blow on the vital part of the body, the head, with a Farsa weapon.
- This Court emphasized that even a single blow to a vital part of the body can warrant a Section 302 conviction.
- Ramavtar was rightly acquitted of other charges due to the circumstances of the free fight and his specific role.
- The appeal against Ramavtar’s conviction alteration should be dismissed.
- Decision of this Court in the case of Kanwarlal v. State of M.P. (2002) 7 SCC 152 is in consonance with the same.
- The specific part of the judgment is deemed consistent with the aforementioned case law.
- The impugned judgment and order passed by the High Court is deemed to be quashed and set aside.
- In light of the evidence on record, including medical evidence and the manner of the incident, the accused Ramavtar should have been found guilty of the offence under Section 304 Part I of the IPC.
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Decision
- The accused Ramavtar is granted four weeks’ time to surrender and serve the remaining portion of his sentence.
- The conviction of the accused Ramavtar is altered from Section 302 of the IPC to Section 304 Part I of the IPC.
- Accused Ramavtar is sentenced to undergo eight years R.I. with a fine of Rs.5000/- and in default to further undergo R.I. for six months.
- The impugned judgment and order altering the conviction from Sections 302/149 of the IPC to Section 304 Part II of the IPC is quashed and set aside.
- The conviction of the accused Ramavtar is to be altered from Section 304 Part II to Section 304 Part I of the IPC.
- The present appeal succeeds in part based on the above reasons.
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Case Title: THE STATE OF MADHYA PRADESH Vs. KALICHARAN .
Case Number: Crl.A. No.-001411-001411 / 2013
