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A special leave petition recoiled on a murder accused. Ramji Lal convicted by a trial court for’murdering’ a baby of 9-10 months on his appeal to the high court, the conviction was modified by the bench and turned it into culpable homicide not amounting to murder.
The SLP filed by him challenging the order of the high court while admission the bench of Justice Uday Umesh Lalit and Justice Dhananjay y. Chandrachud made a prima facie observation that the conversion of section 304 II IPC and sentence of five years imprisonment was incorrect and unjustified.
In this situation, Ramji Lal ‘s Counsel sought to withdraw the petition which the bench declined.The bench issued a notice to the state and Ramji Lal stating the reason to why the trial court order of conviction and sentence be not restored.
This was a case of neighbours turning violent,the accused had inflicted a ‘lathi’ blow on his neighbour Deenanath,which missed him and accidentally hit the head of the baby Kavita,while she was sleeping on her grandmother’s lap.While altering the conviction the bench observed that it was the outcome of a sudden quarrel with no motive to kill her.
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