Supreme Court - Daily Orders
Santosh Kumar Tiwari vs The State Of Madhya Pradesh on 29 May, 2019
Bench: M.R. Shah, A.S. Bopanna
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 2074 OF 2013
SANTOSH KUMAR TIWARI Appellant(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
O R D E R
Feeling dissatisfied and aggrieved by the impugned judgment and order of the High Court by which the High Court has altered the conviction of the appellant-accused from Section 302 of the Indian Penal Code, 1860 (“IPC”) to Section 304 Part II, IPC and has directed the appellant-accused to undergo rigorous imprisonment for seven years, the appellant has preferred the present appeal.
It is required to be noted and as reported by the learned counsel appearing on behalf of the respondent-State that the appellant-accused has already undergone the sentence as per the impugned judgment and order passed by the High Court. Therefore, it is submitted that as such, the present appeal is now academic. Even otherwise, considering the statement of PW- I who has supported the case of the prosecution, the guilt of Signature Not Verified the appellant-accused is established and proved. Digitally signed by MANISH SETHI Date: 2019.05.30 16:41:14 IST Reason: The High Court has already taken into consideration all the relevant facts and thereafter has altered the conviction from Section 302, IPC to Section 304 Part II, IPC. 2 We see no reason to interfere with the impugned judgment and order passed by the High Court.
The present appeal is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of.
.............................J. (M.R. SHAH) .............................J. (A.S. BOPANNA) New Delhi May 29, 2019 3 ITEM NO.102 COURT NO.3 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2074/2013 SANTOSH KUMAR TIWARI Appellant(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) Date : 29-05-2019 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE A.S. BOPANNA (VACATION BENCH) For Appellant(s) Mr. S.D. Singh, Adv.
Mrs. Bharti Tyagi, Adv. Mrs. Meenu Singh, Adv.
Mr. Jitender Singh, Adv. Mr. Ram Kripal Singh, Adv. Ms. Kamakshi S. Mehlwal, AOR For Respondent(s) Mr. R.K. Rathore, Adv.
Mr. Rahul Kaushik, Adv.
Mrs. Swarupama Chaturvedi, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)