IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1505 OF 2007

Iqbal & Ors.        ...Appellant(s)

Versus

State of Karnataka       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The  appellants,  along  with  accused  Babu  [A-6],  were  convicted  under

Section 302 read with Section 34 of the Indian Penal Code, 1860 [for short, I.P.C.] and

sentenced to undergo imprisonment for life and to pay fine of Rupees five thousand

each; in default, to undergo further simple imprisonment for a period of one year.

When the matter was taken in appeal, High Court, while acquitting Babu [A-6] of the

charge, converted the conviction of the appellants from Section 302 read with Section

34 I.P.C. into one under Section 304 Part-I I.P.C. and sentenced them to undergo

rigorous imprisonment for a period of ten years and to pay fine of Rupees twenty

thousand each; in default, to undergo further simple imprisonment for a period of

one year.  Hence, this appeal by special leave.

...2/-

- 2 -  

The prosecution case  has  been supported by  four eye-witnesses,  Jabeer

Pasha [P.W.2],  Anwar [P.W.3],  Saleem [P.W.4] and Amjad [P.W.5],  out  of  whom

P.W.2 is the informant himself and is an injured witness.  All the eye-witnesses have

consistently  supported the prosecution case and their evidence  is  corroborated by

medical  evidence.   In  our  view,  High  Court  was  quite  justified  in  convicting  the

appellants under Section 304 Part-I I.P.C.

Learned counsel appearing on behalf of the appellants submitted that these

appellants have remained in custody for a period of about seven years; as such, the

sentence  of  imprisonment awarded against  them should  be  reduced to the  period

already undergone by them.  In the facts and circumstances of the case, we feel it will

be just and expedient to accede to the prayer.   

Accordingly,  the  appeal  is  allowed  in-part  and,  while  upholding  the

conviction  of  the  appellants,  sentence  of  imprisonment  awarded  against  them  is

reduced to the period already undergone by them.

The appellants, who are in custody, are directed to be released forthwith, if

not required in connection with any other case.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

......................J.       [AFTAB ALAM]

New Delhi, October 15, 2008.