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CDJ 2008 SC 1379 (Criminal Appeal No. 1145 of 2008)
Parties : Mangoo @ Mangal Singh Versus State of M.P.
Date of Decision : 24-07-2008
Judges: THE HONOURABLE DR. JUSTICE ARIJIT PASAYAT & THE
HONOURABLEMR. JUSTICE P. SATHASIVAM
Court : Supreme Court of India
Head Note : Constitution of India - Article 32, 136 Extension of
the benefit of the judgment even to other accused persons who had
not approachedthis Court - Three of the accused persons filed
Special LeavePetition No.4782 of 2002 which was admitted and
registered asCriminal Appeal No.229 pf 2003. The appellant
admittedly did not fileany Special Leave Petition. By judgment
dated 17.2.2003 in theaforesaid Criminal Appeal, a Bench of this
Court held that Exception4 to Section 300 IPC was applicable to the
facts of the case andaltered the conviction to Section 304 Part I
IPC and held thatcustodial sentence of 10 years and fine as was
imposed by the HighCourt would meet the ends of justice - In
Vajrapu Sambayya Naiduand Ors. v. State of A.P. and Ors. (JT 2003
(7) SC 558) the benefitof the judgment was extended even to other
accused persons whohad not approached this Court - By exercising
suo motu power, thisCourt has granted the benefit of acquittal,
conviction for a lesser offence or reduction of sentence to
non-appealing accused in severalcases - Similar course needs to be
adopted. In the circumstances, byapplying the decision in Vajrapu's
case (supra), the conviction of theappellant is altered to Section
304 Part I, IPC and 10 years' custodialsentence with fine as was
imposed by the High Court would meet theends of justice, since the
accused appellant stands on similar footingwith the other accused
persons who were the appellants in CriminalAppeal No.229 of 2003 -
The appeal is allowed.
Para 4, 8 & 9
Cases Referred:Vajrapu Sambayya Naidu and Ors. v. State of A.P.
and Ors. JT 2003(7) SC 558 (Relied)Harbans Singh v. State of UP.
& Ors. 1982 (2) SCC 101Ghapoo Yadav and Ors. v. State of Madhya
Pradesh JT 2003 (3) SC474See Hardyal v. State of Rajasthan 1991
Supp (1) SCC 148Pyare Singh v. State of M.P., 1992 Supp (3) Scc
45Jashubha v. State of Gujarat (1994) 4 SCC 353
Dandu v. State of A.P., (1999) 7 SCC 69Bijoy Singh v. State of
Bihar, (2002) 9 SCC 147Rajaram v. State of M.P., 1994 Supp (2) SCC
153Gurucharan v. State of Rajasthan, (2003) 2 SCC 698Akhil Ali v.
State of Maharashtra, (2003) 2 SCC 708Bansi Lal v. State of M.P.
(1982 (3) SCC 370Rattan Singh v. State of Punjab 1988 Supp SCC
456Hari Nath v. State of U.P., (1988)1 SCC 14Jayantibhai v, State
of Gujarat, (2002) 8 SCC 165
http://www.cdjlawjournal.in/cdjlaw/judgements/searchresult.php?court=1&searchtype=latestcase&noRecord=5&type=&field=&next=96#%23http://www.cdjlawjournal.in/cdjlaw/judgements/searchresult.php?court=1&searchtype=latestcase&noRecord=5&type=&field=&next=96#%23
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Suresh v. State of Bihar, (2003) 4 SCC 128Apren Joseph v. State
of Kerala, (1973) 2 SCR 16Hira Lal v. Delhi Administration, (1973)
3 SCC 398Uma Shankar v. State of Bihar, (2005) 10 SCC 336
CDJ 2008 SC 1379 (Criminal Appeal No. 1145 of 2008)
Parties : Mangoo @ Mangal Singh Versus State of M.P.
Date of Decision : 24-07-2008
Judges: THE HONOURABLE DR. JUSTICE ARIJIT PASAYAT & THE
HONOURABLEMR. JUSTICE P. SATHASIVAM
Court : Supreme Court of India
Head Note : Constitution of India - Article 32, 136 Extension of
the benefit of the judgment even to other accused persons who had
not approachedthis Court - Three of the accused persons filed
Special LeavePetition No.4782 of 2002 which was admitted and
registered asCriminal Appeal No.229 pf 2003. The appellant
admittedly did not fileany Special Leave Petition. By judgment
dated 17.2.2003 in theaforesaid Criminal Appeal, a Bench of this
Court held that Exception4 to Section 300 IPC was applicable to the
facts of the case andaltered the conviction to Section 304 Part I
IPC and held thatcustodial sentence of 10 years and fine as was
imposed by the HighCourt would meet the ends of justice - In
Vajrapu Sambayya Naiduand Ors. v. State of A.P. and Ors. (JT 2003
(7) SC 558) the benefitof the judgment was extended even to other
accused persons whohad not approached this Court - By exercising
suo motu power, thisCourt has granted the benefit of acquittal,
conviction for a lesser offence or reduction of sentence to
non-appealing accused in severalcases - Similar course needs to be
adopted. In the circumstances, byapplying the decision in Vajrapu's
case (supra), the conviction of the
appellant is altered to Section 304 Part I, IPC and 10 years'
custodialsentence with fine as was imposed by the High Court would
meet theends of justice, since the accused appellant stands on
similar footingwith the other accused persons who were the
appellants in CriminalAppeal No.229 of 2003 - The appeal is
allowed.
Para 4, 8 & 9
Cases Referred:Vajrapu Sambayya Naidu and Ors. v. State of A.P.
and Ors. JT 2003(7) SC 558 (Relied)Harbans Singh v. State of UP.
& Ors. 1982 (2) SCC 101Ghapoo Yadav and Ors. v. State of Madhya
Pradesh JT 2003 (3) SC474See Hardyal v. State of Rajasthan 1991
Supp (1) SCC 148Pyare Singh v. State of M.P., 1992 Supp (3) Scc
45Jashubha v. State of Gujarat (1994) 4 SCC 353Dandu v. State of
A.P., (1999) 7 SCC 69Bijoy Singh v. State of Bihar, (2002) 9 SCC
147Rajaram v. State of M.P., 1994 Supp (2) SCC 153Gurucharan v.
State of Rajasthan, (2003) 2 SCC 698Akhil Ali v. State of
Maharashtra, (2003) 2 SCC 708
http://www.cdjlawjournal.in/cdjlaw/judgements/searchresult.php?court=1&searchtype=latestcase&noRecord=5&type=&field=&next=96#%23http://www.cdjlawjournal.in/cdjlaw/judgements/searchresult.php?court=1&searchtype=latestcase&noRecord=5&type=&field=&next=96#%23
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Bansi Lal v. State of M.P. (1982 (3) SCC 370Rattan Singh v.
State of Punjab 1988 Supp SCC 456Hari Nath v. State of U.P.,
(1988)1 SCC 14Jayantibhai v, State of Gujarat, (2002) 8 SCC
165Suresh v. State of Bihar, (2003) 4 SCC 128Apren Joseph v. State
of Kerala, (1973) 2 SCR 16Hira Lal v. Delhi Administration, (1973)
3 SCC 398Uma Shankar v. State of Bihar, (2005) 10 SCC 336
