1977 Supreme(MP) 243

IN THE HIGH COURT OF MADHYA PRADESH
G.P. Singh, N.C. Dwivedi, JJ.
Ashok Kumar Chatterjee - Appellant
Vs.
State of M.P. - Respondent
Cr. A. No. 307 of 1977 (J)
Decided On : 07-05-1977

Headnote:Criminal Procedure Code, 1973 - S. 368 & 371 - death sentence - appellant a young man of 22 years - on some quarrel on money matters got enraged and killed deceased - no premeditation - not a case where sentence of death is called for - altered to life imprisonment.

       Short Note

       Appellant Ashok Kumar Chatterjee had been convicted under section 302 of the Indian Penal Code and sentenced to death by the Second Additional Sessions Judge, Raipur, for the murder of Ravindra Nath Chatterjee on 10th June, 1976. He had also been convicted under section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for three years.

       2. Held : This Court does not think that this is a case where sentence of death is called for. The appellant is a young man of 22 years. It appears from his letters, which constitute the main evidence against him, that there was some quarrel, probably on some money matter, which enraged the appellant and he killed Ravindra. There may not have been premeditation for killing Ravindra. This Court, therefore, feels that the sentence of imprisonment for life will meet the ends of justice. The sentence of three year's rigorous imprisonment under section 201 shall stand, but it shall be concurrent with the sentence for the offence under section 302 IPC. Appeal partly allowed.