SUPREME COURT OF INDIA
P.N. BHAGWATI, V.R. KRISHNA IYER AND S. MURTAZA FAZAL ALI, JJ.
Inder Singh and another, Appellants
Versus
State of M.P., Respondents.
Criminal Appeal No. 297 of 1971,
D/- 10-9-1976.
Indian Penal Code,1860 - Section 149 - Injuries - Offence committed by appellants - Appeal by special leave is limited only to question as to nature of offence committed by appellants and sentence to be imposed on them- Court have gone through relevant part of evidence and court do not find any reason for altering conviction of appellants from one –Held, Indian Penal Code to any lesser offence evidence shows that no less than injuries were caused to deceased and at least one of them was on a vital part of body namely parietal region- Also weapons which were used by appellants were lohangis iron shod sticks which are clearly lethal weapons- Court do not think that in circumstances High Court was in error in convicting appellants offence read with Section of Indian Penal Code- Court accordingly confirm conviction and sentence recorded against appellants and dismiss appeal – Appeal dismissed
Judgment
BHAGWATI, J. - This appeal by special leave is limited only to the question as to the nature of the offence committed by the appellants and the sentence to be imposed on them. We have gone through the relevant part of the evidence and we do not find any reason for altering the conviction of the appellants from one under Section 302 read with Section 149 of the Indian Penal Code to any lesser offence. The evidence shows that no less than 12 injuries were caused to the deceased and at least one of them was on a vital part of the body, namely, the parietal region. Also the weapons which were used by the appellants were lohangis, iron shod sticks, which are clearly lethal weapons. We do not think that in the circumstances the High Court was in error in convicting the appellants of the offence under Section 302 read with Section 149 of the Indian Penal Code. We accordingly confirm the conviction and sentence recorded against the appellants and dismiss the appeal.
Appeal dismissed.
For Citation: AIR 1977 SC 2040
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