Bagdi Ram vs State of Madhya Pradesh

Bagdi Ram vs State of Madhya Pradesh

Author : Shruti Kumari

CITATIONS: AIR 2004 SC 387

BENCH: Justice N. Santosh Hegde and Justice B.P.Singh

INTRODUCTION:

This is the Criminal Appeal in the Hon’ble Supreme Court in the form of Special leave Petition under Article 136 of the Constitution against the judgment and order of the High of Madhya Pradesh, Jabalpur. In which appellant was found to be guilty for the offence punishable under Section 304 Par-1 of IPC. 

FACTS:

In this case of Bagdi Ram vs State of Madhya Pradesh, appellant and respondent belong to same locality. When wall was to be constructed by the Appellant then that is to be obstructed by the Mangilal and Others then respondents were assaulted by the appellant and others in which one from the petitioner side was died on spot. The trial court acquitted the accused as they had acted in self defence. Then Petitioners filed an appeal in the High Court of Madhya Pradesh had convicted the accused for the offence punishable under Section 304 Part-1, IPC and sentencing him for rigorous imprisonment of 8 and fine of Rs. 5000 & in default of payment further rigorous imprisonment under for 20 months. Then the appellant Bagdi Ram filed an appeal in the Hon’ble Supreme Court against the judgment and order of High Court of Madhya Pradesh.   

ISSUES & FACT OF LAW:

Whether the Conviction of the accused punishable under Section 304, IPC by the High Court?

JUDGMENT:

Hon’ble Supreme Court has held that the findings of Hon’ble High Court are correct but the sentence of 8 yrs. imprisonment is high as according to the facts and circumstances of the case. Hon’ble Court has reduced the sentence awarded to the appellant to 3 yrs. of rigorous imprisonment under section 304 Part -1 of IPC. Hence the Criminal Appeal is allowed partially.