VINOD MOHAN AVASTHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated 19/01/1979, of the Allahabad High court maintaining the conviction of the appellant for an offence under S. 302 of the indian Penal Code and a sentence of imprisonment for life. The order admitting the appeal restricted its scope to the question of the nature of the offence and the sentence only.

(2.) The facts found proved by the two courts below are that the appellant stabbed the deceased with a knife after a sudden quarrel and that in consequence the deceased suffered injuries to the left lung and the diaphragm on the left side. According to the autopsy surgeon the said injuries were sufficient in the ordinary course of nature to cause death. The injuries were obviously intended by the appellant and he cannot escape a conviction of murder for his act falls squarely within clause Thirdly of S. 300 of the indian Penal Code (vide Virsa Singh v. State of Punjab). We find accordingly and hold that the conviction recorded against and the sentence imposed upon the appellant do not call for interference.

(3.) There is another aspect of the matter which we would wish to advert to here. At the time when the appellant committed the offence he was only about 18 years of age. The murder was also not pre-planned but resulted from a sudden quarrel. Otherwise also it does not appear that the appellant engaged in violence on any other occasion. In this situationalthough we cannot grant him any relief we do feel that this is a case which deserves consideration by the State government for action under S. 432 of the Code of Criminal Procedure. With this observation the appeal is dismissed. A copy of this judgment may be forwarded at once to the government of Uttar Pradesh.