Supreme Court of India
Chaitu & Ors. v. State of Utiar Pradesh
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What the Court ordered
We are of the considered view that imposition of five years rigorous imprisonment on each of the appellants for the conviction under Section 304 Part 11 IPC would meet the ends of justice.
Judgment, page 10
From the headnote
Penal Code, 1860 - ss. 147, 3231149 and 3041149 (Part If) - Prosecution for murder- Of 7 accused - 3 eye-witnesses to the incident including injured eye-witness - Conviction of all the accused by trial court - Conviction and sentence confirmed in respect of 3 accused by High Court - Appeal in respect of other accused abated due to their death - Held: Homicidal death of the deceased is established by the o evidence of eye-witnesses and medical evidence - Delay in lodging FIR has also been properly explained by prosecution - However, in the facts of the case, it was a case of grave and sudden
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