Supreme Court of India
Devendra Kumar & Ors. v. State of Chhattisgarh
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What the Court ordered
In the result, we pass the following order: (i) The appeal is partly allowed. (ii) The conviction of the appellants under Section 302 IPC is altered to the one under Part I of Section 304 IPC. (iii) The appellants have already undergone a sentence of more than 12 years prior to their release on bail by the order of this Court dated 17th February 2015.
Judgment, page 7
From the headnote
Issue for Consideration Whether the conviction would fall for the offence punishable u/s.302 IPC or under a lesser offence. Headnotes† Penal Code, 1860 – ss. 304 Part I, 302, 307 read with s.34 – Punishment for culpable homicide not amounting to murder – Previous enmity between the families of the appellants and the victim – Appellants assaulted the victim with weapons after making a threat that they would kill him and later the victim succumbed to his injuries – Courts below convicted the appellants u/s.302 and s.307 rw s.34 and sentenced accordingly – Interference with: Held: Evidence of
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