New Delhi: The Supreme Court on Friday denied a convict to withdraw his appeal filed against the Rajasthan High Court order challenging his conviction for killing a nine-month-old infant.
The trial court in Rajasthan had sentenced Ramji Lal to life imprisonment under murder charges, with the High Court modifying the term to five years under culpable homicide not amounting to murder.
The accused had approached the apex court challenging the five-year jail term, however, a two-judge bench, comprising Justice U. U. Lalit and Justice D. Y. Chandrachud observed that the reduction of the life imprisonment term by the High Court was “incorrect and unjustified.”
In response, the counsel appearing for Lal wished to withdraw the appeal, which the apex court denied.
“Having gone through the record, we are, prima facie, of the view that the conversion of the offence to
Section 304 II IPC and imposition of the sentence of five years was incorrect and unjustified. We, therefore, issue a notice to the petitioner, returnable in three weeks as to why the trial court order of conviction and sentence be not restored,” the top court stated in its order.
“We must record that the counsel for the petitioner sought leave to withdraw the present petition. The liberty to withdraw the petition is declined. The Registry shall record and register suo motu enhancement notice as a separate cause,” the order added.
During a dispute with a neighbour, which took a violent turn, Lal had accidentally hit the baby’s head, who was in the lap of her grandfather, the High Court had said earlier.
[source_without_link]ANI[/source_without_link]