Supreme Court - Daily Orders
Suresh@ Kala vs State Nct Of Delhi on 27 August, 2019
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1284 OF 2019
(Arising out of SLP (Crl.) No.3897 of 2019)
SURESH @ KALA Appellant
VERSUS
STATE NCT OF DELHI Respondent
O R D E R
Leave granted.
The appellant was convicted under Section 302 IPC by the Trial Court and was sentenced to suffer imprisonment for life. The appeal arising therefrom was dismissed by the High Court of Delhi, which order is presently under challenge before this Court.
Notice in the present appeal was confined to the nature of offence committed by the appellant.
The injury in question, according to the post-mortem report, was as under:
“Incised penetrating wound of the size of 2.6 x 1x7 cms on the back of abdomen, horizontally placed, of the shape of wedge, having one angle acute and the other angle was round. It was a clean cut margin. It was about 7 cm away from midline and 31 cms. below from upper border of right scapula. On exploration of this external injury, we found undertaking skin subcutaneous tissue, muscle clearly cut injury track running upward and medically extending posteriorly towards right lobe of liver. There was Signature Not Verified extensive blood extravasation in and around underlying Digitally signed by MUKESH KUMAR Date: 2019.08.29 tissue. About 1.5 litre of fluid and clotted blood was 18:24:13 IST Reason: present in abdominal cavity. Total depth of wound was approx. 8 cms.” 2 Though the injury was a penetrating one and up to the depth of 7 cm and the location of the injury was back of the abdomen, it was a case of single injury. Considering the facts and the circumstances on record, in our considered view, the present case will come under Section 304 Part-I IPC rather than under Section 302 IPC.
We accordingly grant the benefit to the appellant, convert his conviction from Section 302 IPC to Section 304 Part-I IPC and sentence him to suffer 10 years of rigorous imprisonment. All the other incidental sentences including sentence of fine and sentence in default remain intact.
With the aforesaid observations, this appeal is allowed.
.................................J. [UDAY UMESH LALIT] .................................J. [VINEET SARAN] NEW DELHI;
AUGUST 27, 2019
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ITEM NO.10 COURT NO.7 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.3897/2019 (Arising out of impugned final judgment and order dated 30-08-2018 in CRLA No.62/2015 passed by the High Court Of Delhi At New Delhi) SURESH @ KALA Petitioner(s) VERSUS STATE NCT OF DELHI Respondent(s) (IA No.38564/2019 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 27-08-2019 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Kanhaiya Singhal, AOR Mr. Prasanna, Adv.
Mr. Amrinder Singh Bhela, Adv.
For Respondent(s) Mr. Chirag M. Shroff, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)