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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2062 OF 2009
(Arising out of SLP(Crl.) No. 9091/2008)
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
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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.