DILIP VERSUS THE STATE OF RAJASTHAN CRIMINAL APPEAL NO.14 OF 2014

1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.14 OF 2014
DILIP APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
1. The appellant who was charged and convicted for the offence punishable under Section 307 of the Indian Penal Code, 1860 (for short, the IPC) seeks to overturn the same.
2. Taking note of the fact that there are eye-witnesses whose testimonies were taken note of by both the Courts below, we are not inclined to interfere with the conviction. However, the occurrence took place in the year 1980. The allegation against the appellant is that in a scuffle, the appellant attacked the victim and stabbed him with a
knife. The occurrence had happened nearly 44 years ago. Now, the appellant is at an advanced age. Even the High Court though wrongly noted the sentence, took into
circumstances the mitigating factors.

3. In such view of the matter, we are inclined to modify the sentence to the one already undergone.
4. Accordingly, the appeal is allowed in part. Bail bonds, if any, shall stand discharged.
5. Pending application(s), if any, shall stand disposed of.
J. [M.M. SUNDRESH]
J. [S.V.N. BHATTI]
NEW DELHI;
29th FEBRUARY, 2024

ITEM NO.104 COURT NO.14 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 14/2014
DILIP Appellant(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)

Date : 29-02-2024 This appeal was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE S.V.N. BHATTI
For Appellant(s) Mr. Yashraj Singh Deora, Adv.
Mr. Amit Gupta, Adv.
Mr. Shiv Verma, Adv.
Ms. Muskan Nagpal, Adv.
M/S. Mitter & Mitter Co., AOR

For Respondent(s) Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeal is allowed in part in terms of the signed
order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)