MOTIRAM PANDURANG LATHAD vs THE STATE OF MAHARASHTRA - 2024-02-09

O R D E R

Leave granted.

By Order dated 21.04.2017, while issuing notice, this Court categorically stated that notice was being issued on the limited question whether the offence committed by the appellant herein could be treated to have been covered under Section 304 Part II of the Indian Penal Code (IPC) instead of Section 302 IPC.

Learned counsel for the appellant-accused submitted that there was no intention whatsoever on the part of the appellant to commit murder of the deceased; that there was a fight which ensued between the accused and the PW-3 and the deceased by chance intervened in the fight so as to make peace between them but the deceased was injured, no doubt, at the instance of the appellant/accused, who later scummed to his injuries.

He submitted that there was no intention whatsoever on the part of the appellant herein to cause any injury much contd..

less to kill the deceased and therefore, this Court had issued notice for conversion of the offence as well as the sentence and this is a fit case where the appellant ought to be released having regard to the fact that he has already spent 21 years 09 months and 07 days in custody including the remission as per Imprisonment Certificate dated 04.01.2024.

Learned counsel for the respondent/State however, objected to any mercy being shown to the appellant herein and restricting the sentence to the period already undergone in terms of Section 304 Part I or part II. She submitted that the concurrent findings as well as the sentence of life imprisonment would not call for any interference in this appeal.

However, we find that having regard to the fact that the offence and the death of the deceased occurred on account of his chance intervention in the fight between the accused and PW-3. We do not think that there was any intention on the part of the accused to cause the offence as against the deceased.

Therefore, we find that the appellant must be given the benefit of conversion of the offence from 302 to 304 Part II, since he has already in custody for over 14 years excluding the period of remission and insofar as 304 Part II is concerned, the maximum punishment is only 10 years or with fine or with both. We thus find that this is a fit case where the appellant must be given the benefit of the said contd..

conversion of the offence. Hence, we convert the conviction from Section 302 to Section 304 Part II, IPC.

Since, he has already undergone 14 years without remission, he must also be given the benefit of immediate release.

In the circumstances, we allow the appeal in part and direct the appellant to be released from Amaravati Central Prison, if he is not required in any other offence.

The present Appeal is allowed in part in the aforesaid terms.

………………………………………J. [B.V. NAGARATHNA]

….……………………………………J.

[AUGUSTINE GEORGE MASIH]

NEW DELHI FEBRUARY 09, 2024 ITEM NO.63 COURT NO.12 SECTION II-A 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(s). 3685/2017

(Arising out of impugned final judgment and order dated 20-10-2012 in CRA No. 174/1998 passed by the High Court Of Judicature At Bombay At Nagpur)

MOTIRAM PANDURANG LATHAD Petitioner(s)

VERSUS THE STATE OF MAHARASHTRA Respondent(s) Date : 09-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Rishi Malhotra, AOR For Respondent(s) Ms. Yugandhara Pawar Jha, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Ms. Raavi Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The present Appeal is allowed in part in terms of the signed order.

The appellant is directed to be released from Amaravati Central Prison, if he is not required in any other offence.

Pending application(s) shall stand disposed of.

(NEETU SACHDEVA) (MALEKAR NAGARAJ)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

(signed order is placed on the file)