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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 378 OF 2020    (@ SPECIAL LEAVE PETITION (CRL.) NO. 2749 OF 2019)

CHANDRAKUMAR @ KALI                               ...APPELLANT(S)

                           VERSUS

THE STATE OF MADHYA PRADESH                       ...RESPONDENT(S)

O R D E R  

R. BANUMATHI,J.

Leave granted.

2. This appeal has been preferred against the Judgment and order

dated 18.12.2018 passed by the High Court of Madhya Pradesh in CRA

No. 1574 of 1996 in and by which the High Court has reduced the

sentence awarded to the appellant from ten years to five years.

3. On 24.09.1994 at about 05.30 a.m. in a wordy quarrel, when the

deceased Munna was milking the buffalo in Kanhaiya Dairy owned by

the appellant-accused, the appellant-accused came to the deceased

and asked to show the bucket of milk. On seeing the less quantity

of  milk,  the  appellant-accused  is  alleged  to  have  beaten  the

deceased with bamboo stick on the head  due to which the deceased

fell  down  on  the  ground  and  became  unconscious.  The  appellant-

accused with the help of other servants took the deceased to the

hospital where the deceased died on 20.10.1994. Initially the case

was  registered   under  Section  307  IPC  which  was  subsequently

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altered to Section 302 IPC.

4. Upon consideration of the evidence, the Trial Court observed

that there was no intention on the part of the appellant to cause

the  death  of  deceased.  The  Trial  Court  vide  judgment  dated

16.09.1996 convicted the appellant-accused under Section 304 Part-

II and sentenced him to undergo ten years rigorous imprisonment.

5. In appeal preferred by the appellant before the High Court,

the High Court after considering the facts and circumstances of the

case, reduced the sentence of imprisonment from ten years to five

years.

6. Being  aggrieved,  the  appellant-accused  has  preferred  this

appeal.

7. We have heard Mr. Raju Ramachandran, learned senior counsel

appearing on behalf of the appellant as well as Mr. Ravi Prakash

Mehrotra, learned counsel appearing on behalf of the respondent-

State of Madhya Pradesh.

8. Mr.  Raju  Ramachandran,  learned  senior  counsel  appearing  on

behalf  of  the  appellant  submitted  that  though  in  SLP  grounds

various contentions have been raised assailing the conviction but

when  we  have  heard  the  matter,  learned  senior  counsel  mainly

confined his submissions only on the question of sentence. It is

also  submitted  that  the  appellant-accused  has  two  daughters  of

marriageable age viz. 19 and 21 years and there is no male member

in the family to take care of the family and also of the daughters.

9. Considering the peculiar facts and circumstances of the case

and also the submissions of learned senior counsel appearing  on

behalf  of  the  appellant-accused,  we  reduce  the  sentence  of

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imprisonment awarded to the appellant from five years to two years.

10. The appeal is partly allowed.

11. Since the above order is passed in the peculiar facts and

circumstances  of  the  case,  the  same  may  not  be  quoted  as  a

precedent in any other case.

…………………………………………………...J. [R.BANUMATHI]

NEW DELHI …………………………………………………..J. 3RD MARCH, 2020 [A.S.BOPANNA]