AMARJEET SAHNI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 25.7.2012 and 30.7.2012 respectively wherein the appellant stood convicted under Section 304 Part-I of the IPC. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.5000/- in default of payment of fine to undergo SI for 6 months. Benefit of Section 428 of the Cr.P.C. had been granted to the appellant.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on date he has completed incarceration of 5 years and about 8 months. His jail conduct is satisfactory.

(3.) Learned amicus curiae for the appellant at the outset submits that this is an unfortunate dispute between the husband and wife. No motive can be attributed to the appellant; the gist of the evidence suggests that the incident had occurred at the spur of the moment. There is nothing to suggest that the parties had an estranged relationship earlier. They have a minor child who is presently being looked after by his grandparents as his mother (victim) has expired and his father (the appellant) has been incarcerated. The medical evidence also shows that there is only one injury which has been suffered by the victim. She had died within hours of her injury. The weapon of offence was also a kitchen knife. Learned amicus curiae also submits that he is not arguing on the merits of the case. His submission is that the conviction of the appellant under Section 304 Part-I of the IPC is uncalled for. At best only knowledge could have been attributed to the appellant that by his act he could have caused the death of the victim; his conviction was covered under Section 304 Part-II of the IPC. Additional submission being that in this background if his conviction is modified to a conviction under Section 304 Part-II of the IPC, the period of incarceration already suffered by the appellant be treated as the sentenced imposed upon him.