NDLI: Suryakant Baburao @ Ramrao Phad Vs. State of Maharashtra and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.307 reduction of sentence s.4 r/w s.25 323 506 r/w. 34 IPC Arms Act Attempt to murder
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.307, 323, 506 r/w. 34 – Arms Act – s.4 r/w s.25 – Attempt to murder – There was some exchange of words between the accused persons (No. 1 to 3) and PW-6 – In this quarrel, Respondent No.2-accused no.1 fired a shot from his pistol at PW-6 on his chest – Hearing the sound PW-5 & 7 tried to intervene – PW-7 was also shot on his left knee by accused no.1 and PW-5 was beaten up by the accused persons causing grievous hurt – FIR was registered u/s. 307 r/w. s. 34 IPC, ss.323 and 506 IPC – Doctor stated injuries caused to PW-6 were capable of causing death – Trial Court convicted accused Nos. 1 to 3 u/s. 307 r/w s.34 IPC and sentenced them to undergo rigorous imprisonment for seven years and imposed fine of Rs.15000/- – Trial Court also convicted them u/s. 323 r/w. 34 IPC and sentenced each of them to undergo rigorous imprisonment for six months and pay fine of Rs. 500/- – Accused were also directed to pay Rs. 20,000/- to injured PW-6 & 7 as compensation – High Court affirmed the conviction of respondent No.2-accused no.1 u/s. 307 r/w. s. 34 IPC, however, reduced the sentence of imprisonment from seven years to five years and imposed fine amount of Rs. 25,000/- – Insofar, respondent Nos. 3 and 4- accused Nos. 2 & 3 are concerned, the High Court acquitted them from the charges u/s. 307 r/w. 34 IPC and instead convicted them u/s. 326 r/w. s.34 IPC and reduced the sentence of imprisonment imposed upon them to the period already undergone and imposed a fine of Rs.25,000/- – High Court maintained conviction of accused nos. 1 to 3 u/s. 323 r/w. s.34 IPC – On appeal, held: When trial Court exercised its discretion in imposing seven years of sentence of imprisonment, the High Court ought to have kept in view the weapon used by accused No.1 and the nature of injuries caused to PW-6 and the opinion of the Doctor – High Court was not right in reducing the sentence of imprisonment imposed upon accused no.1 – Since the enhanced compensation was paid by accused no. 1, which withdrawn by injured-victims, for conviction u/s. 307 r/w. s.34 IPC, the accused no.1 directed to undergo imprisonment for six years and six months – So far as accused no. 2 & 3 are concerned, they were not armed and alleged to have attacked the injured with fists, kicks and with sticks – Thus, no interference required with their acquittal u/s. 307 r/w. s. 34 IPC and reduction of sentence of imprisonment u/s. 326 r/w. s.34 IPC.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 832
Petitioner	Suryakant Baburao @ Ramrao Phad
Respondent	State Of Maharashtra And Others
SCR	[2019] 10 S.C.R. 570
Judgement Date	2019-07-30
Case Number	1161

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Suryakant Baburao @ Ramrao Phad Vs. State of Maharashtra and Others

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