IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1934 OF 2009 ( @ SPECIAL LEAVE PETITION (CRL.)NO.5560/2007)

SHARAD ... APPELLANT(S)

VERSUS

STATE OF MAHARASHTRA ... RESPONDENT(S)

O R D E R

Leave granted.

The appellant herein was tried by the Ist Adhoc Additional  

Sessions Judge, Wardha for the offence punishable under Section 302  

and was sentenced for undergoing life imprisonment with a fine of  

Rs.1,000/- in default to suffer rigorous imprisonment for one month.  

The appellant then filed an appeal before the High Court and the  

same was dismissed by the High Court.  The appellant preferred this  

appeal and at the time of issuing notice we have indicated that the  

appeal is only confined to the question of nature of the offence.

Heard both sides.

Learned  counsel  for  the  appellant  contends  that  the  

appellant was a young man aged about 20 years at the time of the  

incident;  and there was no pre-mediation or serious intention to  

kill the deceased. Appellant had a quarrel with one Mukesh in which  

one Manoj Kashyap and one Sanjay Pande intervened and separated them  

each other.  Thereafter the accused went from the place of incident  

and he met Mukesh later and it appears that there was a quarrel  

thereafter and the accused caused injury to Mukesh and he died.  The  

injury was on the left side of the chest near sternum between 3rd and

4th rib. There is also another injury which is superficial in nature.  

Learned counsel for the appellant contends that there is only one  

injury and that too pursuant to the altercation and there is no  

evidence  to show that there was any previous enmity or not. The  

appellant's contention is that the offence committed does not amount  

to murder.  Going by the injury sustained by the deceased and having  

regard to the entire facts and circumstances of the case, in our  

opinion, the offence committed by the appellant, at the most, comes  

under Part -I of Section 304 I.P.C.   We, therefore, set aside the  

conviction of the appellant under Section 302 I.P.C. and find him  

guilty under Section 304 Part-I of IPC and sentence him to undergo  

imprisonment for 10 years.  The appellant will undergo the remaining  

period of sentence.

The appeal is disposed of accordingly.   

..................CJI (K.G. BALAKRISHNAN)

...................J. (TARUN CHATTERJEE)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 23RD OCTOBER, 2009