UJJAL BHUYAN, ARUN PALLI
Mathu Alias Jagdish – Appellant
Versus
State of Uttarakhand – Respondent
Key Points: - Injuries to the deceased were consistent only with falling into a dry canal with a rock-bed, not with being struck by stones that could be thrown (!) (!) (!) . - The accused’s actions fell under part II of Section 304 of the Indian Penal Code, as the act was done with knowledge that it was likely to cause death but without intention to cause death (!) (!) . - Three decades have passed since the incident, and the accused is now over 60 years of age and has already undergone imprisonment for over one and a half years (!) . - The Supreme Court reduced the sentence to the period already undergone while maintaining conviction, considering the delay, old age of the accused, and the nature of the act (!) . - The appeal was allowed only to the extent of modifying the sentence; the conviction was upheld (!) (!) .
JUDGMENT
UJJAL BHUYAN, J.
This criminal appeal is directed against the judgment and order dated 25.07.2012 passed by the High Court of Uttarakhand at Nainital (briefly, ‘the High Court’ hereinafter) in Criminal Appeal No. 241/2002 (Manua @ Puran & Others Vs. State of Uttaranchal).
2. Be it stated that the three appellants and one Kaley alias Kaloo were prosecuted by the State under Section 304/34 of the Indian Penal Code, 1860 (IPC) in the Court of Sessions Judge, Dehradun (briefly, ‘the Sessions Court’ hereinafter) in Sessions Trial No. 86/1997. By the judgment and order dated 23.09.2002, the learned Sessions Court had acquitted Kaley alias Kaloo but convicted the other three accused Manua alias Puran, Ramu and Mathu alias Jagdish under Section 304/34 IPC and sentenced them to undergo rigorous imprisonment (RI) for a period of five years each and to pay fine of Rs. 2000.00 each with a default stipulation.
3. Aggrieved by their conviction and sentence, the three appellants had preferred Criminal Appeal No. 241/2002 before the High Court. By the impugned judgment and order, the High Court while affirming the conviction and sentence awarded to the three appellants, dismissed the crimina
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