ASGAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Asgar has been convicted under Sec. 302 of the Indian Penal Code for intentionally causing the murder of one Ram Swarup Singh on account of an alleged dispute concerning repayment of some debt by the latter to the former which Ram Swarup is said to be owing to the appellant's father. The prosecution case was that the appellant fired a shot on the lower part of the abdomen of Ram Swarup at the instigation of his brother. His brother has been acquitted but the shot given by the appellant has been found to have caused the death of Ram Swarup. The appellant was convicted under Section 302 of the Penal Code and given the extreme penalty of death sentence by the trial Court. The High Court had confirmed the sentence. Special leave was granted by this Court limited to the question of sentence only.

(2.) We have heard learned counsel for the appellant and learned counsel for the State. The trial of this case was concluded before coming into force of the Criminal Procedure Code 1973. Yet the High Court while confirming the death sentence does not seem to have clearly kept in view the change of law which was brought about by the 1955 amendment of the old Code. The High Court says: