Mummidi Durgaiah vs State Of A.P

MUMMIDI DURGAIAH APPELLANT(S)

:VERSUS:

STATE OF ANDHRA PRADESH RESPONDENT(S)

O R D E R

Leave granted.

We have heard the learned counsel for the parties

and perused the impugned judgment and other documents.

The allegation against the appellant is that he was

spreading rumours that PW-6 (Kapu Usha) was having

illicit intimacy with one painter and at the time of

commission of the crime, he also instigated the main

accused for commission of the crime.

It may be pertinent to mention that three other co-

accused A-2, A-3 and A-6 had also filed a separate

special leave petition and this Court after granting

leave, in Criminal Appeal No. 359/2007, converted their

conviction from Section 302 I.P.C. to one under Section 2 304 Part-II of the I.P.C. and they were sentenced to

eight years' imprisonment. In the facts and circumstances

of this case, we are of the considered view that the

appellant also deserves the same treatment.

Admittedly, the appellant was not having any arm at

the time of the incident. Looking to the role of the

appellant, in our considered view, the ends of justice

would be met if his conviction is converted from Section

302/149 I.P.C. to one under Section 304 Part-II read with

Section 149 I.P.C.

Accordingly the conviction of the appellant under

Section 302 I.P.C. is set aside and the appellant is

convicted under Section 304 Part II read with Section 149

I.P.C. and sentenced to undergo imprisonment for a period

of eight years.

The appeal is partly allowed and disposed of

accordingly.

.....................J (DALVEER BHANDARI)

.....................J (DR. MUKUNDAKAM SHARMA)

New Delhi;

November 9, 2009.