Appeal challenging the judgment of the Allahabad High Court, which upheld the conviction and life imprisonment of Devendra Singh under Section 302 of the IPC. The appeal questions whether the conviction should be modified to a lesser charge under Section 304 IPC due to the nature of the incident, which was claimed to be a sudden fight without premeditation. The Supreme Court partly allowed the appeal, altering the conviction to Section 304 Part-I IPC and reducing the sentence to 8 years of rigorous imprisonment.

2. Background of the Appeal

• Appeal against the Allahabad High Court judgment dated 08th January 2019.
• Upheld conviction under Section 302 IPC and life imprisonment by the trial court.

3. Facts Leading to the Appeal

• 3.1 Incident Report: On 29th May 1986, Dharam Pal Singh reported a stabbing incident involving Devendra Singh and co-accused Yogendra Pratap Singh, leading to the death of Parpoor Singh.
• 3.2 Previous Dispute: The incident stemmed from a previous molestation accusation against Devendra Singh.
• 3.3 Chargesheet and Trial: Charges framed against Devendra Singh under Section 302 IPC and co-accused under Section 302 read with Section 114 IPC. Both pleaded not guilty.
• 3.4 Prosecution and Defense Evidence: Eight witnesses examined, accused denied allegations, cited a land dispute with PW-4.
• 3.5 Trial Court Judgment: Conviction under Section 302 IPC and life imprisonment.
• 3.6 High Court Appeal: Dismissed appeal, upheld trial court judgment.

4. Hearing of the Present Appeal

• Representation by Ms. Rukhmini Bobde for the appellant and Ms. Garima Prashad for the respondent-State.

5. Argument by Appellant's Counsel

• No premeditation, incident occurred in a sudden fight.
• Weapon used was a pocketknife, causing a single injury.
• Prosecution failed to explain injuries on accused, suggesting a scuffle.

6. Argument by Respondent's Counsel

• Conviction rightly based on evidence of intentional crime due to previous enmity.
• No grounds for altering conviction.

7. Testimonies and Evidence

• PW-1 Dharam Pal Singh: Described the incident and identified the accused.
• PW-3 Manjit Singh: Confirmed the scuffle and identified the assailants.
• PW-4 Kernail Singh: Corroborated other testimonies.

8. Injuries Sustained

• Accused Injuries: Multiple lacerations and abrasions on both accused.
• Deceased Injuries: One fatal knife wound and several abrasions and contusions.

9. Analysis and Conclusion

• Incident possibly a sudden fight in the heat of passion.
• No evidence of undue advantage or cruelty by the appellant.
• Weapon used was a pocketknife causing a single fatal injury.

10. Judgment

• Conviction altered from Section 302 IPC to Section 304 Part-I IPC.
• Sentence reduced to 8 years of rigorous imprisonment.

11. Order

• Appeal partly allowed.
• Sentence revised as per above terms.