VIKRAM NAIR v. STATE OF M.P. (NOW CHHATTISGARH) HOME DEPARTMENT INSPECTOR OF POLICE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

VS.

1. The present appeal challenges the judgment and order

dated 25th November, 2009 passed by the High Court of

Chhattisgarh, thereby partly allowing the appeal filed by

the appellant. The learned Additional Sessions Judge,

Baikunthpur, by order dated 31st March, 1989 had convicted

the appellant for the offences punishable under Section 302

of the Indian Penal Code (For short “the IPC”). The High

Court, by the impugned judgment and order, converted the

conviction of the appellant to Part-I of Section 304 IPC and

sentenced him to suffer RI for 10 years.

2. We have heard Mr. Santosh Paul, learned senior counsel

for the appellant and Mr. Gautam Narayan, learned counsel

for the respondent-State of Chhattisgarh.

3. Learned senior counsel for the appellant submits that

evidence of the witnesses, particularly PW-4 and PW-5, would

clearly reveal that the incident occurred on account of a

fight between the deceased and the appellant. He further

submits, that it was the deceased who had started the

quarrel and was an aggressor. He therefore submits that the

case of the appellant at the most would fall under Part-II

of Sectio...