KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The sole appellant is convicted under Section 304. Part I, I.P.C. and sentenced to six years rigorous imprisonment. He along with four others were tried for offences punishable under Sections 302 and 302 read with Section 34. I.P.C. and 324 read with Section 34, I.P.C. The trial Court convicted Kamal Singh. A-5 under S. 302, I.P.C. and sentenced him to undergo imprisonment for life. The others were convicted under Section 324 read with Section 34, I.P.C. and sentenced to two years rigorous imprisonment. On appeal the High Court acquitted all accused but altered the conviction of Kamal Singh, A-5 to one punishable under Section 304, Part I, I.P.C. and sentenced him to undergo six years rigorous imprisonment. A-5 is the appellant before us pursuant to the special leave granted by this Court.

(2.) The prosecution case is as follows:

(3.) In this appeal the learned counsel for the appellant submits that this is a clear case where the plea of self-defence ought to have been accepted particularly when A-5 had also received serious injuries on his buttock and he had a right of inflicting injury on the deceased. The doctor's evidence does not show that there is any mark of violence on the neck of the appellant. In any event the deceased was not armed and even if the plea of the appellant is to be accepted he was clearly exceeded the right of self-defence and would also be punishable under Section 304, Part I, I .P.C. In any event no interference is called for so far as his conviction is concerned. Now coming to the sentence we find from the facts and the circumstances that it was a sudden quarrel and it took place because the girl was being taken away to her in law's house. Further there is only one injury on the deceased. Taking these circumstances into consideration while confirming the conviction under Section 304, Part I, I.P.C. we reduce the sentence to 4 years rigorous imprisonment.