User:Mohd Adeel Siddiqui

'Conviction under Section 302 IPC of a person who survived a suicide pact, improper

Supreme Court: In a one of a kind case where the deceased and the accused had a suicide pact, in which the accused survived, the bench of T.S. Thakur and R. Banumathi, JJ held that the death of deceased was not premeditated and the act of the accused causing death of the deceased was in furtherance of the understanding between them to commit suicide and the consent of the deceased and the act of the accused falls under Exception 5 of Section 300 IPC.

Modifying the conviction of the accused under Section 302 IPC to Section 304 Part I IPC, the Court held that it was inclined to come to this conclusion owing to the formidable circumstances favouring the accused which showed that the accused came unarmed to the house of the deceased and picked up the sword from room itself. Also, the deceased had not raised any alarm for help and the accused was also having stab injuries on his person.

After careful consideration of the arguments advanced by 'Mohd. Adeel Siddiqui'and S.S. Shamshery, the counsels appearing for the appellant and the respondent, respectively, the Court concluded that there was adequate evidence which showed the love affair between the accused and the deceased and that their relationship was not accepted by the villagers which lead to the suicide pact between the two in which the accused survived due to intervention. The Court, hence, modified the sentence and upon noting that the accused has been in custody for more than 10 years, ordered his release. Narendra v. State of Rajasthan, Criminal Appeal No. 1902 of 2014, decided on 02.09.2014Bold text

ITEM NO.31                           COURT NO.11                   SECTION II

S U P R E M E C O U R T O F      I N D I A                                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 9304/2017    (Arising out of impugned final judgment and order dated 01-09-2017     in CRMBA No. 236296/2016 passed by the High Court Of Judicature At     Allahabad)

ROHTAS                                                             Petitioner(s)

VERSUS

THE STATE OF UTTAR PRADESH                                         Respondent(s)

(FOR ADMISSION and I.R. and IA No.127454/2017-EXEMPTION FROM FILING    O.T.)

Date : 12-01-2018 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)             Mr. Mohd. Irshad Hanif, AOR Mr. Mohd. Adeel Siddiqui,Adv. Mr. Bipin Kumar Jha,Adv. Mr. Neeraj Gupta,Adv.

For Respondent(s)             Mr. Tushar Singh,Adv. Mr. Shashank Shekhar Singh,Adv. Mr. Sanjay Kr. Tyagi,AOR

UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. Without expressing any opinion on the merits of the case, the petitioner is granted bail to the satisfaction of the Trial Court, pending consideration of the appeal before the High Court.

The special leave petition is, accordingly, disposed of.