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In the case of Asharam Tiwari v State of Madhya Pradesh, the Supreme Court refused to reduce the sentence of life imprisonment and set aside the conviction of a 72-year-old man and stated that the recovery of bloodstains on the lathi and his clothes left the court satisfied. The Bench consisting of Justice R.F. Nariman and Justice Navin Sinha also stated that if the appellant made an application for the premature release considering that he has served 14 years in custody and he is 72 years old, it is up to the respective authorities to consider the same in accordance with the law.
The appellant, Asharam Tiwari challenged his conviction and sentence to life imprisonment under sections 302 rw section 34, Section 323 read with Section 34 and Section 325 rw Section 325 rw Section 34 of the Indian Penal Code. He was convicted with three others as they led to the death of two persons and injured three.
According to the facts of the case, the appellant was unhappy because his father had sold lands to the deceased victim, Ramashankar. He along with three others came to the lands of the deceased and threatened him to return the lands. On his refusal, they assaulted him and his family. Due to the injuries, the victim died after 24 hours during the course of the treatment.
The appellant argued that he only had possession of a lathi and the deaths were caused by an axe and a firearm respectively. However, the Additional Advocate General appearing for the State refused the same and argued that the accused was well aware of the pistol and the axe that was being carried by the co-accused. It was further submitted by the Additional Advocate General that the recovery of the bloodstained clothes and lathi establish the common intention.
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