NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S).  1059/2011

SUGANLAL                                           APPELLANT(S)

                          VERSUS

THE STATE OF MADHYA PRADESH                        RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Heard learned counsel for the parties.

2. The appellant is convicted under Section 302 IPC

on the evidence of PWs.1, 2, 3, 7 and 8.  The fateful

incident is of 08.04.1999.  The victim is the real

brother of the appellant.

3. Learned  counsel  for  the  appellant  has  taken  a

defence before us that the appellant was a person of

unsound mind.  Though such a contention was raised

before  the  Trial  Court,  in  the  absence  of  any

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supporting evidence, the Court was not inclined to go

into that aspect.  The High Court has discussed their

entire evidence and having regard to the nature of

injuries and the evidence available on record, the

Court was not inclined to take a different view from

that of the Sessions Court.

4. Having  heard  the  learned  counsel  on  both  the

sides and having gone through the pleadings, we are

also not inclined to take a different view.

5. We are informed that the appellant has been in

jail  for  around  20  years  and  with  remission  much

more.    

6. Having regard to the fact that it is a case of a

quarrel between two brothers and having regard to the

fact  that  the  appellant  has,  in  any  case,  spent

around 20 years of actual imprisonment, we direct the

State  to  consider  and  take  a  decision  on  the

premature release of the appellant.

7. Taking into account the fact that the appellant

has  been  in  jail,  he  is  directed  to  be  released

forthwith on self bond, subject to the final orders

to be passed by the State Government.

8. The appeal is disposed of as above.

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9. Pending  applications,  if  any,  shall  stand

disposed of.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [S. ABDUL NAZEER]  

NEW DELHI; OCTOBER 10, 2018.

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