MOHD. HALEEM Vs. STATE OF M.P.
SUPREME COURT OF INDIA
STATE OF M.P.
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(1.) Heard learned counsel for the parties.
Perused the impugned judgment and order.
(2.) The finding of fact recorded in the impugned judgment against the accused -appellant on the charge
of conviction and sentence for the offence punishable
under Section 302/149 read with Section 34 of the
Indian Penal Code (for short 'the Code'), imposed by
the trial court has been maintained by the High Court.
(3.) The correctness of the same is challenged in this appeal urging various legal contentions.
Our attention was drawn to the relevant
paragraphs of the impugned judgment and order to show
that the benefit of doubt has been extended to the
other accused viz., the appellants in Criminal Appeal
No. 2871/98 and Criminal Appeal No. 2896/1998 before
the High Court, the conviction and sentence of life
imprisonment for the charge proved has been set aside
and they were instead convicted under Section 326 read
with Section 34 of the Code and sentenced to rigorous
imprisonment for seven years. Learned counsel for the
appellant submits that the same benefit may be
extended in favour of the appellant herein. He
further submits that the concurrent finding of fact
recorded on the charge against the appellant is based
on chance witnesses and therefore, the conviction and
sentence under Section 302/34 of the Code is wholly
unsustainable in law. At best the appellant can be
convicted and sentenced under Section 326/34 of the
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