B.N.Agrawal, P.K.Balasubramanyan - (1.) HEARD the parties.
(2.) LEAVE granted. The respondents were convicted by the trial court under Sections 302/149 of the Indian Penal Code (for short I.P.C.) besides other sections and sentenced to undergo imprisonment for life. On appeal being preferred, the High Court upheld convictions of the respondents for other offences whereas their conviction under Sections 302/149, I.P.C. has been converted into Sections 304, Part II/149, I.P.C. and each of them has been sentenced to undergo rigorous imprisonment for period of five years. Hence, this appeal by special leave filed on behalf of the State of U. P. From a bare perusal of the judgment of the High Court, it appears that the only ground which weighed with the High Court for converting the conviction under Sections 302/149, I.P.C. into Sections 304, Part II/149 was that the parties were close neighbours and they are of the same family. In our view, this could not have been a ground for converting the conviction into Sections 304, Part II/149, I.P.C. The victim received as many as ten injuries on different parts of the body and out of the same, two injuries were on the head. The accused were armed with dangerous weapons and they inflicted injuries thereby. It is opined that the injuries were sufficient to cause death in the ordinary course of nature. In view of these facts, we are of the view that the High Court has committed an error in converting the conviction of the respondents from Sections 302/149, I.P.C. into Sections 304, Part II/149, I.P.C. In our view, the trial court was quite justified in convicting the respondents under Sections 302/149, I.P.C.
(3.) ACCORDINGLY, the appeal is allowed, the impugned order rendered by the High Court converting the conviction of the respondents from Sections 302/149, I.P.C. into Sections 304, Part II/149, I.P.C. is set aside and conviction and sentence imposed by the trial court against the respondents under Sections 302/149, I.P.C. are restored.;