Parity in appellate relief led to alteration of conviction from murder to culpable homicide, with sentence maintained.

The appellant sought the same appellate relief already granted to a similarly placed co-accused, asking that his conviction under Section 302 read with Section 149 of the Indian Penal Code, 1860 be reduced to Section 304 Part I. The Court applied the earlier relief to an accused standing on the same footing and held that, in the interests of justice, the benefit could not be denied merely because he had not independently approached the Court in time. His conviction was accordingly altered to culpable homicide not amounting to murder, while the custodial sentence and fine imposed by the High Court were maintained.

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Issues: Whether the appellant, who had not filed a special leave petition in time, was entitled to the benefit of the co-accused's earlier appellate relief and to alteration of conviction from Section 302 read with Section 149 of the Indian Penal Code, 1860 to Section 304 Part I of the Indian Penal Code, 1860.

Analysis: The appellant stood on the same footing as the co-accused who had already secured relief from this Court in the connected appeal. The Court applied the earlier decision extending relief to similarly placed accused and held that, in the interests of justice, the benefit could not be denied merely because the appellant had not independently approached the Court in time. The Court therefore followed the same course of reducing the conviction to culpable homicide not amounting to murder and maintaining the custodial sentence and fine imposed by the High Court.

Conclusion: The appellant was entitled to the same relief as the other accused, and his conviction was altered to Section 304 Part I of the Indian Penal Code, 1860 with the sentence of 10 years' custodial imprisonment and fine maintained.

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