Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Clause (7) - Offence of voluntarily causing grievous hurt - Wordy c altercation - Both complainant party and accused party gathered and there was a fight-Appellant inflicted two lathi blows on the head of PW-2- Trial Court convicted appellant u/s.302 /PC as also u/s.307 /PC - High Court set aside appellant's conviction uls.302 /PC and modified his D conviction u/s.307 /PC as conviction uls.325 /PC - Penal Code 1860 - s.325 and s.320 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 — s.325 and s.320, Clause (7) — Offence of voluntarily causing grievous hurt — Wordy altercation — Both complainant party and accused party gathered and there was a fight — Appellant inflicted two lathi blows on the head of PW-2 - Trial Court convicted appellant u/s.302 IPC as also u/s.307 IPC — High Court set aside appellant’s conviction u/s.302 IPC and modified his conviction u/s.307 IPC as conviction u/s.325 IPC — Held: Insofar as the injuries sustained by PW-2, injury No.1 was found to be a lacerated wound size 2 x #2. cm deep upto the skin on the right side of the head; whereas injury No.2 was a lacerated wound size 2 x % cm deep upto the skin on the left side of the head — Doctor (PW-15) opined that both the injuries were inflicted by a blunt and hard object - X-ray report revealed that there was a fracture of the frontal bone of the head of PW2 and there was a callus — By perusal of X-ray report, itis evident that PW-2 sustained fracture or dislocation of the bone which clearly falls in the category of grievous‘hurt as expressly mentioned in clause (7) of s.320 IPC — Having regard to the nature of injuries and the X-ray report, the High Court rightly convicted the appellant u/s.325 IPC. Sentence / Sentencing — Wordy altercation — Both complainant party and accused party gathered and there was a fight — Appellant inflicted two lathi blows on the head of PW-2 - Trial Court convicted appellant under s.302 IPC as also under s.307 IPC — High Court set aside. appellant's conviction u/s.302 IPC and modified his conviction u/s.307 IPC as conviction u/s.325 IPC and sentenced him to undergo RI for seven years ~ Quantum of sentence challenged before Supreme Court — Held: Imposition of sentence is always a matter of discretion of the Court - The measure of punishment in a given case must depend upon nature of the offence, the conduct of the accused and unprotected state of victim — Supreme Court will not interfere with the sentence unless it finds.that the discretion has been exercised arbitrarily or capriciously or on unsound principles or that the lower court or the High Court has not taken into account any relevant factor in imposing the sentence — In the present case, as the occurrence was a sudden fight and in a fit of passion the appellant inflicted injuries on PW-2 — The sentence of imprisonment of seven years imposed on the appellant is excessive and the same is to be reduced — While confirming the conviction u/s.325 IPC, the sentence of imprisonment of seven years imposed on him i: is reduced to three years — Penal Code, 1860—- s.325. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 951 |
Petitioner | Sakharam |
Respondent | State Of Madhya Pradesh &anr. |
SCR | [2015] 14 S.C.R. 269 |
Judgement Date | 2015-08-19 |
Case Number | 1079 |
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