HEERALAL & ORS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal takes exception to the judgment passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 693 of 1998. All the appellants were tried for offence punishable under Section 302 read with Section 149 of the IPC and came to be convicted by the Trial Court. In Appeal, however, the High Court converted the offence to one under Section 304 part II simpliciter, for the reasons recorded in the impugned judgment. Despite doing so, the High Court convicted all the accused for the said offence. This is the manifest error committed by the High Court.

(3.) Be it noted that the respondent State has not challenged the judgment of the High Court for converting the offence to one under Section 304 Part II simpliciter. In that case, only the accused who was responsible for causing the fatal injury to the deceased can be proceeded further. In the present case, the only injury that has been identified as the fatal injury caused to the deceased Babu is Lacerated wound on the left pariental region of skull of about 12 cms x 2 cms. X 1 1/2 cms, boney pieces felt in wound, medial half of left parietal bone is depressed. This injury, as per the evidence of PWs-1, 2 & 3 is attributable only to Madan Lal - accused No.2 and none-else. If so, the High Court, at best, could have convicted Madan Lal accused No.2 for the offence punishable under Section 304 Part II simpliciter and not the other accused, having dropped Section 149 for the reasons recorded in the impugned judgment.