- (1.)The State of Uttar Pradesh is in appeal against the judgment of the High Court at Allahabad wherein three out of the four accused persons were given benefit of doubt on a charge under Sec. 302 of the Indian Penal Code and thus acquitted. The conviction and sentence of Ram Autar original accused No. 2, under Sec. 302 of the Indian Penal Code was set aside and instead thereof he was convicted under Sec. 304 part I of the Indian Penal Code.
(2.)The learned advocate appearing in support of the appeal has been rather vocal in regard to this conversion, since, according to him, the facts and circumstances of the matter under consideration do not warrant such conversion of charge from Sec. 302 to Sec. 304 part I of the Indian Penal Code. The High Court while dealing with the matter, however, recorded that as regards the question of activities of Ram Autar is concerned, he got provoked on being insulted by the words of Shiva Parkash as a result of which being deprived of self control he did this act.
(3.)The High Court further came to the conclusion that the participation of Rain Autar stands established beyond doubt. At this juncture, a brief recapitulation of the factual score may be of some convenience. There was admittedly exchange of harsh words between the two groups of people by reason where for scuffle followed. It is at this juncture Ram Autar, however, left the place, went to his house and got hold of his father's gun and collected the cartridges, came on to the spot and blasted Shiva Prakash with about 7 gun shot injuries. The High Court ascribed it to be a sudden provocation and converted the sentence into 304 part I of the Indian Penal Code as against under Sec. 302 of the Indian Penal Code.