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Vinod Mohan Avasthi Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 369 of 1979
Judge
Reported in(1982)2SCC146
ActsIndian Penal Code (IPC), 1860 - Section 302; Code Of Criminal Procedure (Cr.P.C) 1973 - Section 432
AppellantVinod Mohan Avasthi
RespondentState of Uttar Pradesh
DispositionAppeal Dismissed
Excerpt:
.....the injuries were obviously intended by the appellant and he cannot escape a conviction of murder for his act falls squarely within clause thirdly of section 300 of the indian penal code (vide virsa singh v. state of punjab1). at the time when the appellant committed the offence he was only about 18 years of..........maintaining the conviction of the appellant for an offence under section 302 of the indian penal code and a sentence of imprisonment for life. the order admitting the appeal restricted its scope to the question of the nature of the offence and the sentence only.2. the facts found proved by the two courts below are that the appellant stabbed the deceased with a knife after a sudden quarrel and that in consequence the deceased suffered injuries to the left lung and the diaphragm on the left side. according to the autopsy surgeon the said injuries were sufficient in the ordinary course of nature to cause death. the injuries were obviously intended by the appellant and he cannot escape a conviction of murder for his act falls squarely within clause thirdly of section 300 of the indian.....
Judgment:

A.D. KOSHAL, J.

1. This appeal by special leave is directed against the judgment dated January 19, 1979, of the Allahabad High Court maintaining the conviction of the appellant for an offence under Section 302 of the Indian Penal Code and a sentence of imprisonment for life. The order admitting the appeal restricted its scope to the question of the nature of the offence and the sentence only.

2. The facts found proved by the two courts below are that the appellant stabbed the deceased with a knife after a sudden quarrel and that in consequence the deceased suffered injuries to the left lung and the diaphragm on the left side. According to the autopsy surgeon the said injuries were sufficient in the ordinary course of nature to cause death. The injuries were obviously intended by the appellant and he cannot escape a conviction of murder for his act falls squarely within clause Thirdly of Section 300 of the Indian Penal Code (vide Virsa Singh v. State of Punjab1). We find accordingly and hold that the conviction recorded against and the sentence imposed upon the appellant do not call for interference.

3. There is another aspect of the matter which we would wish to advert to here. At the time when the appellant committed the offence he was only about 18 years of age. The murder was also not pre-planned but resulted from a sudden quarrel. Otherwise also it does not appear that the appellant engaged in violence on any other occasion. In this situation although we cannot grant him any relief we do feel that this is a case which deserves consideration by the State Government for action under Section 432 of the Code of Criminal Procedure. With this observation the appeal is dismissed. A copy of this judgment may be forwarded at once to the Government of Uttar Pradesh.


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