RAMANAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Five reasons were tried before the sessions Court and three of them were convicted under Section 302 read with Section 34 of the indian Penal Code. They approached the High court in appeal where they put forward a defence of right of private defence. The High court found that initially aggression was on the part of the deceased and his partly. However, the High Court did not concede the entire right of private defence to the accused and hence found them as having exceeded the limit permitted by law. Accordingly, the High Court convicted the three persons under Section 304. Part I with the help of Section 34 of the Indian penal Code.

(2.) One of them, namely, Radhey Shyarn. filed an appeal in this Court by way of special leave. His appeal was separately dealt with and disposed of on 16.10. 1998, holding that radhey Shyam inasmuch as he inflicted injuries on prosecution witness Raja Ram is liable to be convicted under Section 325 of the IPC. Accordingly the conviction was altered to the said section and the sentence was reduced to rigorous imprisonment for a period of two years. The said judgment is reported in JT 1998 (7) SC 197'.

(3.) Learned counsel for the appellants submitted that the offence as for appellant ramanand can be altered to Section 304, Part ii of the IPC. We do not find any scope in doing so. All the same we are considering the scope of reducing the sentence to some extent as the weapon used by appellant-Ramanand was a wooden stick. Of course, the injury which he inflicted was on the head of the deceased. Ramanand had himself sustained four injuries out of which two were on the head. According to the prosecution those injuries were not inflicted by the deceased but by a third party who intervened in the occurrence. Whatever it be, taking the conspectus of the facts we are inclined to reduce the sentence of Ramanand to rigorous imprisonment for a period of five years under Section 304, Part I of the IPC. We do so.