DINESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Three persons, namely, Munnu, Buddhu and Dinesh, were tried by Sessions Judge, Bijnor, in Sessions Trial No. 229/1981, for having committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The Sessions Court by its judgment and order dated 9.2.1982, accepted the case of prosecution and sentenced them to undergo life imprisonment for the offence with which they were tried. All the accused carried the matter further by filing Criminal Appeal No. 424/1982 in the High Court of Allahabad. During pendency of the appeal, Buddhu died and the proceedings abated as regards Buddhu. By its judgment and order under appeal, the High Court found that incident in question had occurred in the heat of passion and as such, the offence was one punishable under Section 304 Part-I of Indian Penal Code. Having so found, the High Court converted the sentence of Munnu to suffer 10 years of rigurous imprisonment, while Dinesh was sentenced to life imprisonment. The present appeal is only at the instance of appellant-Dinesh.

(2.) After having issued notice, this Court granted leave on 10.12.2010 and by a subsequent order dated 12.8.2013 directed that appellant-Dinesh be released on bail to the satisfaction of the Sessions Judge, Bijnor. We are informed that appellant-Dinesh had been so released on bail and is enjoying the facility of bail.

(3.) With the help of learned counsel for both the sides we have gone through the record. The injury report (Ex Kha-2) in respect of Munnu, shows that he had suffered four injuries. The post-mortem report indicates that the deceased suffered following injuries :