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TMI Blog2002 (1) TMI 1337X X X X Extracts X X X X X X X X Extracts X X X X ..... al court convicted all the three accused of the offence under Section 302 read with Section 34 for the murder of one Moulana Mohamed Yusuf Sheikh. The High Court acquitted the third accused but confirmed the conviction and sentence passed on the first and the second accused. We are told that the second accused preferred a special leave petition (No.2828 of 1999) before this Court and the same was dismissed. Subsequently he filed a review petition which was also dismissed. This appeal by the first accused has to be considered only on the limited question as to the nature of offence. For that purpose we are proposing to extract the dying declaration relied on by the trial court and the High Court. The relevant portion of the dying decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cohol when he was taken before the doctor after sustaining the injuries. If so, the assailants also would have smelt alcohol when the deceased hurled the query quoted above. Ms. Neeru Vaid, learned counsel for the appellant then contended that the appellant had injuries on his person and that would show that he had not exceeded the right of private defence. We are not disposed to countenance the said contention on the basis of seemingly minor injuries noted on the person of the appellant. Nonetheless, we are inclined to bring down the offence from section 302 to Section 304 Part I of the IPC. We do so. We are told that appellant has been in jail for nearly ten years by now. Hence we sentence him to rigorous imprisonment for ten years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut also the further fact that his petition for clemency has also been rejected by the President. Very wide powers have been conferred on this Court for due and proper administration of justice. Apart from the jurisdiction and powers conferred on this Court under Articles 32 and 136 of the Constitution, I am of the opinion that this Court retains and must retain, an inherent power and jurisdiction for dealing with any extraordinary situation in the larger interests of administration of justice and for preventing manifest injustice being done. This power must necessarily be sparingly used only in exceptional circumstances for furthering the ends of justice. Having regard to the facts and circumstances of this case, I am of the opinion that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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