Supreme Court - Daily Orders
Shaji @ Illickal Shaji vs State Of Kerala on 13 May, 2014
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1635 OF 2012
SHAJI @ ILLICKAL SHAJI ... APPELLANT
Versus
STATE OF KERALA ...RESPONDENT
ORDER
1. This Criminal Appeal has been preferred against the impugned judgment and order dated 15.3.2010 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 1219 of 2006 by which the High Court has affirmed the judgment and order dated 19.6.2006 passed by the learned Sessions Judge, Ernakulam in Sessions Case No. 21 of 2006 wherein and whereunder the appellant stood convicted under Sections 302/324 IPC of the Indian Penal code, 1860 (hereinafter referred to as the "IPC’) for committing murder of Shibu Kumar on 27.7.2003, and awarded him life imprisonment under Section 302 IPC and rigorous imprisonment for six months under Section 324 IPC.
2. Heard learned counsel for the parties and perused the record.
3. In fact that the appellant himself has accepted his involvement in the incident, but has submitted that there was no premeditated or preplanned crime. A large number of persons including the appellant and 2 deceased were enjoying together and had consumed alcohol. The spree of consumption of alcohol continued till late. Suddenly, they started fighting. It was a free fight for all and in that circumstances, the incident occurred. The appellant caused serious injuries to the deceased by knife, one on the forehead and one on his abdomen.
4. The courts below have accepted the version of the prosecution relying upon the evidence of eye witnesses as well as the dying declaration made by the deceased and recorded the conviction and awarded the sentences as referred to herein above.
5. Considering the facts and circumstances of the case, as the incident occurred suddenly without any pre-plan and the High Court has also taken note of that fact, we are of the view that the conviction of the appellant be converted from Sections 302/324 IPC to Section 304 Part-I IPC. As the appellant has undergone sentence of 7 years 11 months and 27 days as on 8.4.2014, and he has earned a total remission of 6 years 3 months 11 days as on 31.12.2013, so, he has roughly served about 14 years, we reduce the sentence of the appellant to the period already undergone by him.
5. Thus, the impugned judgment and order passed by the courts below stand modified to that extent and the appellant be released from jail, if he is not wanted in any other case.
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6. Criminal Appeal stands allowed to that extent and is disposed of.
.........................................J. (Dr. B.S. CHAUHAN) ........................................J. (A.K. SIKRI) New Delhi, May 13, 2014 4 ITEM NO.105 COURT NO.2 SECTION IIB 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). 1635 OF 2012 SHAJI @ ILLICKAL SHAJI Appellant (s) VERSUS STATE OF KERALA Respondent(s) (With office report ) Date: 13/05/2014 This Appeal was called on for hearing today. CORAM :
HON’BLE DR. JUSTICE B.S. CHAUHAN HON’BLE MR. JUSTICE A.K. SIKRI [VACATION BENCH] For Appellant(s) Mr. Renjith. B,Adv. For Respondent(s) Mr. Jogy Scaria,Adv.
UPON hearing counsel the Court made the following O R D E R Criminal Appeal is allowed and disposed of in terms of signed order.
(Pardeep Kumar) (M.S. Negi)
AR-cum-PS Assistant Registrar
[SIGNED ORDER IS PLACED ON THE FILE]