Supreme Court of India · 2009-11-09
Mummidi Durgaiah vs State Of A.P
- Citation / case number
- AIRONLINE 2009 SC 10
- Court
- Supreme Court of India
- Petitioner
- Mummidi Durgaiah
- Respondent
- State Of A.P
- Bench
- Mukundakam Sharma, Dalveer Bhandari
Judgment text excerpt
The Supreme Court converted the appellant's conviction from Section 302 IPC to Section 304 Part-II IPC, holding that the appellant's role in the crime did not warrant the harsher penalty under Section 302. The Court noted that the appellant did not possess any weapon during the incident and that justice would be served by aligning his sentence with that of co-accused who had their convictions similarly reduced. Consequently, the appellant was sentenced to eight years' imprisonment under Section 304 Part-II read with Section 149 IPC, and the appeal was partly allowed.