SALMAN ANSARI Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted on behalf of the appellant, Salman Ansari @ Alamgir, who alongwith the prime accused Rakesh @ Vakil @ Bakku was convicted by the Trial Court for an offence punishable under Section 302 read with Section 34 IPC vide judgment dated 24.04.2018 and sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/- and in default to undergo simple imprisonment for a further period of one year.

(2.) It was the prosecutions case that, the appellant herein with the common intention to murder the deceased handed over the weapon of offence, i.e., knife to the prime accused and the latter inflicted single blow on the upper thigh resulting in the death of the victim.

(3.) In this regard, our attention has been drawn to the judgment and order dated 16.10.2018 rendered by a Co-ordinate Bench of Hon'ble Mr. Justice Vipin Sanghi and Hon'ble Mr. Justice I.S. Mehta, to urge that it has been held thereby that, the prime accused did not have the intention to either cause death or cause bodily injury, as was likely to cause death and therefore, the matter has been held to fall under Section 304 Part II IPC. It is resultantly submitted that, in view of the aforementioned finding, the Co-ordinate Bench was pleased to convert the conviction of the prime accused, from one under Section 302 IPC to Section 304 Part II IPC.