The SC modifies the Sentence to Part II of Sec 304 IPC - holds there was no intention to cause death.

Supreme Court of India

Justice Aniruddha Bose and Justice Deepak Gupta 

The SC {DILIP SHAW @ SANATAN & ANR. v. THE STATE OF WEST BENGAL AND ORS. } holds from the manner in which assault took place, no intention could be attributed to the appellants to cause death of Gurdev. It was held that the bombs were charged from the rear of the group comprising of members of the Singh family but these were not targeted at anyone specific. The assaults were random, barring that on Sarban at the initial stage. Further held in the given facts the appellants could not be held guilty of Part I of Section 304 of the Code read with Section 149 thereof.  Accordingly, the SC, modified the conviction imposed on the appellants to Part II of Section 304 of the Code read with Section 149 thereof and also modify the sentence of the appellants and direct them to undergo rigorous imprisonment for five years each under Part II of Section 304 read with Section 149 of the Code. 

In the present case, the appeals before the SC were directed against a judgment of conviction delivered by a Division Bench of the High Court at Calcutta on 5th February, 2009 finding the appellants guilty of offences under Part-I of Section 304 read with Section 149 of the Indian Penal Code as also under Section 148 thereof. Which were partly allowed, in the above terms by the SC.