Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: section. 307 324 or 326 India Penal Code Clash between two groups |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Probation of Offenders Act, 1958 (20 of 1958) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 307, 324 or 326 — Clash between two groups resulting in injuries on both parties — Allegation against the - appellant that he gave a sword blow on the head of one person and . also hit the complainant on his head — Other co-accused caused several injuries to the complainant — Trial court acquitted the remaining six accused persons but convicted only the appellant u/ s.307 and sentenced to rigorous imprisonment for 3 years— High Court affirmed the same — On appeal, held: As per initial version of the occurrence, a sword blow near the eye of the complainant was allegedly caused by another co-accused whereas appellant is alleged to have given a sword.blow on the head — It is not clear from the evidence as to:-which of the two incised injuries was caused by the appellant ~ Injury no.1 and 2 both are on the head and by sharp weapon — Only one of them, injury no.1 is opined to be grievous but it is accepted.by the doctor that it may be possible by fall, as doctor did not find any depth in the said injury — In such a situation, the appellant is entitled to be treated as the author of only the injury no.2 on the head which is said to be a simple injury but caused by a sword which is a dangerous weapon ~ In view of that, conviction u/s.307 is converted to one u/s.324. Sentence/Sentencing: Appellant's conviction u/s.307 IPC converted to one u/s.324 IPC — Occurrence took place in 1997 ~ At the time of incident, appellant was aged 36 years — Parties were involved in civil as well as criminal litigation from before — Appellant, as per custody certificate was not involved in any other case — Appellant is 50 years of age and fully settled in life — To meet the. ends of justice, benefit of Probation of Offenders Act granted to the appellant — Penal Code, 1860 — s.324. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 1179 |
Petitioner | Ramesh Kumar @babla |
Respondent | State Of Punjab |
SCR | [2016] 2 S.C.R. 867 |
Judgement Date | 2016-04-22 |
Case Number | 335 |
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