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SLP(Crl.)No. 4836 OF 2003

ITEM No.29 Court No. 5 SECTION IIA

A/N MATTER

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No. 4836/2003

(From the judgement and order dated 11/12/2002 in CRLA 279/98

of The HIGH COURT OF BOMBAY AT NAGPUR)

DEEPAK Petitioner (s)

VERSUS

STATE OF MAHARASHTRA Respondent (s)

( With Appln(s). for bail & Office Report )

Date : 19/03/2004 This Petition was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE DORAISWAMY RAJU

HON’BLE MR. JUSTICE ARIJIT PASAYAT

For Petitioner (s)Mr. Y. Raja Gopala Rao.,Adv. (SCLSC)

For Respondent (s)Mr. Ravi K Adsure, Adv.

UPON hearing counsel the Court made the following

O R D E R

Leave granted.

The conviction of the appellant is altered to Section 304 Part I IPC and a custodial sentence

of ten years is directed for the altered conviction. The appeal is partly allowed in terms o

f the signed order.

(D.L.Chugh) (Vijay Aggarwal)

AR-cum-PS Court Master

Signed order is placed on the file

IN THE SUPREME COURT OF INDIA

CRIMINALL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.351 OF 2004

(Arising out of SLP(Crl) No.4836 of 2003)

DEEPAKAppellant(s)

versus

STATE OF MAHARASHTRARespondent(s)

O R D E R

Leave granted.

Notice in this petition was issued limited to the nature of offence.

Having heard the learned counsel for the parties and taking into account the evidence on recor

d we feel that this is a case which is covered under Section 304 Part I of the Indian Penal Co

de, 1860 and the conviction of the appellant is altered accordingly. Custodial sentence of t

en years would meet the ends of justice. The appeal is partly allowed to the extent indicate

d above.

...................J.

(DORAISWAMY RAJU)

...................J.

(ARIJIT PASAYAT)

New Delhi,

MARCH 19, 2004