Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing - Conviction under s.325 IPC - lf accused is held guilty of commission of offence under s.325. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing - Conviction under s.325 IPC - lf accused is held guilty of commission of offence under s.325. C imposition of jail sentence and fine on accused is mandatory - In the instant case. High Court was not right in setting aside the entire jail sentence of respondent No. 1 while upholding his conviction under s.325 !PC - High Court ought to have either upheld the award of jail sentence of four years awarded by the Sessions Court D or reduce the jail sentence to any reasonable term but it had no jurisdiction to fully set aside the jail sentence and substitute it by imposing on(v fine of Rs. I0,0001- - In view of time consumed in the litigation (37 years) coupled with the findings of two courts below that respondent No. I did not cause any injury to /he deceased and injured (PW-2). respondent No.Is conviction under s.325 !PC is E upheld and punishment ~l imprisonment of 40 days with fine of Rs.10,0001- and in default of payment of fine, to undergo one month rigorous imprisonment is awarded - Penal Code, 1860 - s.325 - Code of Criminal Procedure. I 973 - s.428. Code of Criminal Procedure, !973 - s.428 - Scope of- Held: F s.428 provides that the period of detention spent in jail as under- trial or as convict will be set off against his total jail sentence once awarded lo him in connection with the same offence - Jn the instant case, the period already undergone by respondent No. I (40 days) while he was in detention, as under-trial and as convict. was also a G jail sentence and could be treated as jail sentence once awarded to respondent no. I under s.325 !PC. and accordingly its benefit by way of set off could be given to him under s.428 of Code - Penal Code. 1860 - s.325.Partly allowing the appeal, the CourtHELD: l., So far as Section 325 IPC is concerned, its readingwould show that once the accused is held guilty of commission ofoffence punishable under Section 325 IPC, then imposition of jailsentence and fine on the accused is mandatory. ln other words,the award of punishment would include both, i.e., jail sentenceand line. So far as jail sentence is concerned, it may extend upto7 years as per Court's discretion whereas so far as fine amount isconcerned, its quantum would also depend upon the Court'sdiscretion. So f$r as Section 428 of Code is concerned, it providesthat the period of detention spent in jail as under-trial or as convictwill be set off against his total jail sentence once awarded to himin connection with the same offence. [Paras 22, 23](10-C-D]2. The High Court was, therefore, not right in setting asidethe entire jail sentence of respondent No.I while upholding hisconviction under Section 325 IPC. The High Court ought toD have either upheld the award of jail sentence of four years awardedby the Sessions Court or reduce the jail sentence to anyreasonable term but it had no jurisdiction to fully set aside thejail sentence and substitute it by imposing only fine of Rs.I 0,000/-. The period already undergone by respondent No.I (40 days)E while he was in, detention, as under-trial and as convict, was alsoa jail sentence and could be treated as jail sentence once awardedto respondent !No.I under Section 325 IPC, and accordingly itsbenefit by way of set off could be given to him under Section 428of Code. [Paras 25, 26)(11-D-E]3. In vie"' of the time consumed in the litigation (37 years)coupled with the findings of two courts below wherein it was heldthat Respondent No.I did not cause any injury to the deceasedand injured (PW-2), respondent No.1 's conviction under Section325 I PC is upheld and punishment of imprisonment of 40 dayswith fine of Rs.10,000/- and in default of payment of fine, toundergo one month rigorous imprisonment is awarded. Sincerespondent No.J has already undergone the jail sentence of 40days partly as under-trial and partly as convict, he is not requiredto undergo any further jail sentence in the case at hand. [Paras27, 28][11-E-H |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1078 |
Petitioner | The State Of Uttar Pradesh |
Respondent | Tribhuwan & Ors. |
SCR | [2017] 11 S.C.R. 1 |
Judgement Date | 2017-11-06 |
Case Number | 2437 |
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