Babu Vs. State of U.P.

- [ b.c. ray and; m.p. thakkar, jj.] -- criminal procedure code, 1973 - sections 432 and 428 - state government directed to reconsider petitioner's case tor his premature release -- the order refusing the prayer for premature release betrays lack of application of mind to the relevant considerations. we, therefore, direct the respondents to reconsider the petitioner's case latest by february 28, 1987 and to take afresh decision on principle in accordance with law giving full reasons in support of the said decision. meanwhile the petitioner shall be released on parole for three months.s. murtaza fazal ali, j.1. the appellant in this appeal by special leave was convicted under section 302 of the indian penal code and sentenced to imprisonment for life. he was also convicted under section 324 of the ipc and sentenced to three years, rigorous imprisonment. we have gone through the judgments of the courts below and we do not find any force in this appeal. the only point which was argued by mr bana, learned counsel for the appellant, is whether in the circumstances of the case the offence committed by the appellant would fall under section 302 of the ipc or under section 304 parts i and ii of the ipc. there is clear evidence to show that the appellant was armed with a dagger and he assaulted deceased as also sewa singh who tried to intervene. the nature of the injury was 4 inches deep and was on a most vital part of the body namely the chest. according to the opinion of the doctor the injury was sufficient in the ordinary course to cause death. in these circumstances we are satisfied that the case of the appellant cannot be brought by any stretch of imagination to that under section 304, ipc. we are, therefore, of the opinion that the appellant was rightly convicted under sections 302 and 324 of the indian penal code. the appeal is accordingly dismissed.