Shivani Gadhavi –
Published on: November 24, 2021 at 19:10 IST
On 23rd November, 2021 the Supreme Court of India made alterations in the conviction order of petitioners from Murder under Section 302 and 149 of the Indian Penal Code to voluntarily causing grievous hurt with a deadly weapon under Section 326 and 149 of the Indian Penal Code.
The petitioners mentioned in the plea that in the case Amar Singh Vs State of Punjab and Ram Narain Singh Vs State of Punjab the accused was acquitted on the ground of discrepancies between oral evidence by the witnesses and medical evidence in the medical report, therefore, the petitioners are entitled for acquittal.
The petitioners in the plea stated, “…this Court examined the point relating to inconsistencies between the oral evidence and the medical opinion. The medical report submitted therein established that there were only contusions, abrasions and fractures, but there was no incised wound on the left knee of the deceased as alleged by a witness. Therefore, the evidence of the witness was found to be totally inconsistent with the medical evidence and that would be sufficient to discredit the entire prosecution case.”
A Supreme Court Bench of Justices L. Nageswara and B.V. Nagarathna concluded in the present case of Viram @ Viram Vs State of Madhya Pradesh that grievous injury caused as mentioned in the medical report does not correspond with the weapons that were used by the petitioners.
Hence the Court stated, “Therefore, the conviction of the Appellants under Section 302/149 is not justified. However, there is abundant evidence on record to show that the Appellants attacked the deceased and the injured witnesses with deadly weapons. Therefore, the Appellants are liable to be convicted under Section 326 read with 149 IPC.”
