KALYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD counsel. On the ground of sentence, the appeal is pressed. Shri Bansal submits that it is a case of single blow and he relies, therefore, on Apex Court's decision in Tholan's case (AIR 1984 SC 759). It is not disputed indeed that one knife blow was given though that hit the deceased in his abdomen and proved fatal. However, it has also come in evidence that there was no premeditation and on spur of moment the offence was caused.

(2.) WE accordingly alter the conviction of the accused appellant from one under section 302 IPC to one under section 304, Part II, IPC. He has already suffered actual sentence of six years and, in our view, that would be sufficient to purge the guilt. Accordingly, the period is reduced to period already undergone.