RAMKUMARI YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Review Petition has been preferred by the mother of the deceased prosecutrix and as such the permission to file the Review Petition is granted.

(2.) In the instant Review Petition, exception is taken to the commutation of death sentence which was awarded by the High Court to that of the sentence for imprisonment of life for the offence punishable under Sec. 302 of the Indian Penal Code ('the IPC', for short). It is submitted inter alia that as against the decision of this Court in Shatrughna Baban Meshram v. State of Maharashtra (2021 (1) SCC 596), the death was caused by conscious act on the part of the accused and that the matter was not under Clause fourthly of Sec. 300 IPC.

(3.) As a matter of fact, in the conclusion drawn by this Court in Paragraph 36 of its judgment, it was recorded that the accused had inflicted bodily injury as mentioned in the post-mortem report and as such he was rightly convicted under offences including Sec. 302 of the IPC. This Court went further in holding that the accused would also be guilty under Sec. 376A of the IPC in respect of which sentence was not imposed by any of the Courts below, as the matter was found to be completely covered by the provisions of Sec. 376A of the IPC.