P K BABURAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Though the finding is that petitioner has committed the offence under sec. 302 Indian Penal Code the fact remains that this is a lock up murder which is said to have been perpetuated for the purpose of extracting a confession from the deceased who was a prisoner. The contention is, even assuming that the acts attributed to the petitioner are correct, that the offence cannot go beyond Sec. 304 Part II of the Indian Penal Code, as the exception 3 to Sec. 300 would be applicable. Though we are not deciding finally on that aspect we do concede that the said aspect has to be considered seriously by the High court while disposing of the appeal. In such a situation we feel that the sentence imposed on the appellant can justifiably be suspended during the pendency of the appeal. We, accordingly suspend the sentence passed on the appellant during the pendency of the appeal before the High court. He is ordered to be released on bail on execution of a bond to the satisfaction of the trial court.

(3.) The Appeal is disposed of.