RAMJIT AND ORS. versus STATE OF U.P.

RAMJIT AND ORS. versus STATE OF U.P.

Although the accused went inside and returned armed, witnesses accepted that the exchange of hot words and quarrel was continuing and the accused returned in less than two to three minutes; on these peculiar facts the appropriate conviction is under Section 304 Part I read with Section 149 IPC rather than Section 302 IPC, and a custodial sentence of 10 years under Section 304 Part I IPC suffices; other convictions and sentences remain unaltered and shall run concurrently.

Parties
Appellant: Ramjit; Appellant (died/appeal Abated): Mangaru; Appellant: Ram Achal; Appellant: Ram Bachan; Appellant: Rajdev; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
12 January 2009
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court From the Final Judgment and Order Dated 29.3.2008 of the High Court of Judicature at Allahabad
Outcome
Appeal partly allowed
Legal Topics
Section 302 IPC, Section 304 Part I IPC, Section 149 IPC, Sudden Quarrel, Conviction Alteration, Sentencing, Concurrent Sentences
Criminal Law Penal Code, 1860 Section 302 IPC Section 304 Part I IPC Section 149 IPC Sudden Quarrel Conviction Alteration Sentencing +1 more

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Parties

Ramjit

Appellant

Mangaru

Appellant (died/appeal Abated)

Ram Achal

Appellant

Ram Bachan

Appellant

Rajdev

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court From the Final Judgment and Order Dated 29.3.2008 of the High Court of Judicature at Allahabad

Legal Issues

  1. 1 Whether the offence was murder punishable under Section 302 read with Section 149 IPC or culpable homicide not amounting to murder punishable under Section 304 Part I read with Section 149 IPC in view of a sudden quarrel and the short interval during which the accused went inside and returned armed

Ratio Decidendi

Although the accused went inside and returned armed, witnesses accepted that the exchange of hot words and quarrel was continuing and the accused returned in less than two to three minutes; on these peculiar facts the appropriate conviction is under Section 304 Part I read with Section 149 IPC rather than Section 302 IPC, and a custodial sentence of 10 years under Section 304 Part I IPC suffices; other convictions and sentences remain unaltered and shall run concurrently.

Court Disposition

Appeal partly allowed

Orders

  • Conviction altered from Section 302 read with Section 149 IPC to Section 304 Part I read with Section 149 IPC
  • Custodial sentence of 10 years imposed in respect of offence under Section 304 Part I IPC