Leave granted.
Heard the learned counsel for the parties.
This appeal is directed against the judgment and
order dated 23.01.2006 passed by the High Court of Punjab
and Haryana at Chandigarh in Criminal Appeal No.489-DB of
1999.
The appellant along with the co-accused Bhallu was
convicted under Section 302 read with Section 34 of the
I.P.C. and sentenced to imprisonment for life and to pay
a fine of Rs.2,000/- by the Additional Sessions Judge,
Hissar. The High Court while setting aside the conviction
of the co-accused Bhallu, affirmed the conviction of the
appellant herein. This Court while entertaining the
special leave petition of the appellant, issued notice
confined to the question of the nature of the offence.
Dr. Daya Nand (PW-1), who conducted the post-mortem
examination on the body of the deceased Dilbagh has
opined as follows:
“There was no external mark of injuries over
the body except a diffused swelling over left
temporal region. On cut section of this
echymosis was present in the skin and sub-
cutaneous tissues. On further dissection on
removing the scalp haemotoma was present under
the scalp in left temporal, left parietal and
right temporal region. After removing this
haemotoma skull bone was seen and there was
fracture on left temporal bone. Infiltration
of the blood was present at the fractured
ends. After removing the skull there was extra
dural haemotoma was found lying in whole of
the temporal region and parietal region of
left side.“
Admittedly, this was the only one injury found on
the body of the deceased. This injury was attributed to
the appellant.
In the facts and circumstances of this case, we are
of the considered view that the conviction of the
appellant under Section 302/34 I.P.C. is inappropriate.
In our considered view, the ends of justice would be met
if the conviction of the appellant is altered from
Section 302/34 I.P.C. to one under Section 304 Part II of
the I.P.C. and he is sentenced to undergo rigorous
imprisonment for ten years.
Accordingly the impugned judgment passed by the
High Court is set aside and the appellant is convicted
under Section 304 Part II of the I.P.C. and sentenced to
undergo rigorous imprisonment for ten years.
The appeal is partly allowed and disposed of
accordingly.
New Delhi; November 9, 2009.