2008 (7) TMI 1067 - SC - Indian Laws

Summary

Issues involved: Conversion of a writ petition to a Special Leave Petition, entitlement to benefit of judgment for non-appealing accused, exercise of inherent power for administration of justice.

Conversion of Writ Petition to Special Leave Petition:
The petition initially filed as a writ petition was converted to a Special Leave Petition (SLP) against the judgment of the High Court. The Supreme Court noted this conversion and decided to dispose of the matter in accordance with its judgment in a previous case.

Entitlement to Benefit of Judgment for Non-Appealing Accused:
In this case, five persons were tried for an offense under Section 302 read with Section 149 of the Indian Penal Code. While three accused persons filed Special Leave Petitions, the appellant did not. The Supreme Court considered whether the appellant, who did not file a Special Leave Petition, was entitled to the benefit of a judgment that altered the conviction of the other accused persons.

Exercise of Inherent Power for Administration of Justice:
The Court discussed the exercise of inherent power for the administration of justice. It was highlighted that the Court retains inherent power and jurisdiction to deal with extraordinary situations in the interest of justice. Reference was made to cases where the Court had granted benefits such as acquittal or reduction of sentence to non-appealing accused by exercising suo motu power.

In conclusion, the Court decided to alter the appellant's conviction to Section 304 Part I of the IPC and imposed a custodial sentence of 10 years with a fine, similar to the other accused persons who had filed Special Leave Petitions. This decision was based on the principle that the appellant stood on a similar footing with the appealing accused persons. The appeal was allowed based on these considerations.