MANGOO @ MANGAL SINGH versus STATE OF M.P.

MANGOO @ MANGAL SINGH versus STATE OF M.P.

The Supreme Court, exercising its suo motu power to do complete justice under Article 136 of the Constitution, held that since the appellant is similarly situated as the co-accused whose conviction was altered from section 302/149 IPC to section 304 Part I IPC and whose sentence was reduced to 10 years’ imprisonment, the same benefit must be extended to the appellant, despite his delay in approaching the Court.

Parties
Appellant: Mangoo @ Mangal Singh; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
24 July 2008
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Appeal allowed; conviction altered to section 304 Part I IPC; sentence reduced to 10 years rigorous imprisonment with fine as imposed by the High Court.
Legal Topics
Benefit of Judgment to Non Appealing Accused, Murder to Culpable Homicide, Sentencing Reduction, Suo Motu Powers, Article 136 Constitution of India
Criminal Law Benefit of Judgment to Non Appealing Accused Murder to Culpable Homicide Sentencing Reduction Suo Motu Powers Article 136 Constitution of India

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Parties

Mangoo @ Mangal Singh

Appellant

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the benefit of reduced conviction and sentence granted to appealing accused should be extended to non-appealing accused
  2. 2 Whether Exception 4 to section 300 IPC applies to the facts of this case

Ratio Decidendi

The Supreme Court, exercising its suo motu power to do complete justice under Article 136 of the Constitution, held that since the appellant is similarly situated as the co-accused whose conviction was altered from section 302/149 IPC to section 304 Part I IPC and whose sentence was reduced to 10 years’ imprisonment, the same benefit must be extended to the appellant, despite his delay in approaching the Court.

Court Disposition

Appeal allowed; conviction altered to section 304 Part I IPC; sentence reduced to 10 years rigorous imprisonment with fine as imposed by the High Court.

Orders

  • Conviction altered from section 302 read with section 149 IPC to section 304 Part I IPC.
  • Sentence reduced to 10 years’ rigorous imprisonment and fine as imposed by the High Court.