As such, the short issue before us is as to whether, in the facts and circumstances of the present case, the sentence imposed upon the appellant – accused under Section 302 IPC can be converted into part I or II of Section 304 of IPC. 3
Also Read: https://newslaw.in/supreme-court/supreme-court-upholds-justice-in-double-murder-case/
On the very same day, one Ghungriya Ram, nephew of the deceased, who was working in the Home Guard and was on official leave, received a phone call at about 1:30 PM informing him that his maternal uncle Mast Ram had died in the morning and his dead body was at Civil Hospital, Arki. On the fateful day, Priyanka, the deceased’s daughter, had demanded some money from her father to enable her to attend a National Cadet Corps Camp, but on the refusal of the deceased to provide the money, an altercation had ensued 5 between the appellant – accused and deceased.
Thereafter, appellant – accused led the police to the bed box in her house from where the carry box was recovered containing a lady shirt Ext. 8
The Trial Court, vide judgment and order dated 1 December 2017, in Sessions Trial
Also Read: https://newslaw.in/supreme-court/conviction-upheld-for-offence-under-section-342-of-ipc/
No 2-AK/7 of 2016/2015, convicted the appellant – accused under Sections 302 and 201 of the IPC and sentenced her to undergo imprisonment for life, whereas Vinod – accused No 2 was acquitted from all the charges levelled against him.
In the present case, the conviction under Section 302 IPC has been passed by the trial court and maintained by the High Court solely on the basis of testimony of Priyanka (PW-1).
PW-1, in her evidence, has stated that the deceased Mast Ram fractured the leg of her mother during one of such quarrels, and a criminal case was also pending against him for the said offence.
Also Read: https://newslaw.in/supreme-court/judgment-altered-offence-under-section-304-part-i-to-304-part-ii/
In one of such incidents, the leg of the appellant was fractured by the deceased, and a case was already pending against him for the said offence. The conviction of the appellant is altered from Section 302 of the IPC to Part-I of Section 304 of the IPC.
Case Title: NIRMALA DEVI Vs. THE STATE OF HIMACHAL PRADESH (2023 INSC 662)
Case Number: Crl.A. No.-002232-002232 / 2023
