Supreme Court - Daily Orders
State Of Haryana vs Anil Kumar @ . on 27 May, 2014
DITEM NO.111 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. 169 OF 2007
STATE OF HARYANA Appellant (s)
VERSUS
ANIL KUMAR @ & ORS. Respondent(s)
(With appln. for ad-interim ex-parte stay and office report)
Date: 27/05/2014 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. Rajeev Gaur "Naseem", Adv.
Mr. Kamal Mohan Gupta,Adv.
For Respondent(s) Mr. Jaideep Malik, Adv.
Mr. Shashi Bhushan Kumar,Adv.
Mr. ATM Rangaramanujjam, Sr.Adv.
Ms. Gouri Karuna Das Mohanti, Adv.
Mr. Ali Jethmalani, Adv.
Ms. Suman Kashyap, Adv.
Ms.Anu Gupta ,Adv
UPON hearing counsel the Court made the following
O R D E R
The appeal is dismissed in terms of the signed order.
(Usha Bhardwaj) [M.S. Negi]
A.R.-cum-P.S. Assistant Registrar
Signed order is placed on the file.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.169 OF 2007
State of Haryana .. Appellant(s)
Versus
Anil Kumar @ & Ors. .. Respondent(s)
O R D E R
The conviction of the respondents herein, recorded by the learned trial court under Section 302 read with Section 34 IPC has been converted by the High Court to that of Section 304 Part II IPC and Sections 323/149 IPC. It has resulted in the reduction of the sentence from life imprisonment to 7 years rigorous imprisonment. After going through the impugned judgement as well as the record, we find no error in the approach of the High Court in converting the conviction under Section 304 IPC.
We are further informed that after converting their sentence to 7 years these respondents have since been released from the custody and it happened during the pendency of the present appeal. In view thereof, we are not inclined to take a different view in the matter. In addition to the reasons given by the High Court, we may also observe that the incident took place spontaneously without any gap time when the two groups collided with each other.
...2/-
:2:In the result, we do not any merit in the appeal. The same is dismissed accordingly.
....................J. [DR. B.S. CHAUHAN] ...................J. [A.K. SIKRI] NEW DELHI, MAY 27, 2014.