NDLI: State of Madhya Pradesh Vs. Udham and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sentencing Sentences to run concurrently IPC Tests for
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sentencing – Tests for – Complainant lodged report that respondents-accused entered his house, attacked him and the others present with axes and sticks resulting in various injuries – Respondents then allegedly threatened the complainant that if he did not keep his cow confined, he would be killed – Respondents were convicted u/s.326 r/w s.34, IPC & s.452, IPC and sentenced to 3 years rigorous imprisonment u/s.326 r/w s.34 – They were also sentenced rigorous imprisonment for 1 year for the offence u/s.452, IPC – High Court partly allowed the appeal and reduced the sentence to the period of imprisonment already undergone (4 days),while enhancing the fine amount by Rs.1500/- each – On appeal, held: In the present case, there is no detailed analysis of the facts of the case, nature of the injuries caused, weapons used, number of victims, etc. given by the High Court in the impugned order – While sentencing the accused, it did not consider the second charge proved against the respondents u/s.452, IPC – Even the fact that the respondents had only undergone sentence of 4 days at the time of passing of the impugned order, brings into question the High Court pointing the same as reason for reducing their sentence – Sentencing for crimes has to be analyzed on the touch stone of three tests viz., crime test, criminal test and comparative proportionality test – Facts of the case need to be balanced with the fact that this was the first offence committed by the respondents and the motive, which is stated to be trivial – Occurrence of the crime is of 2008 and the respondents were only ordered to undergo 4 days of jail term with fine of Rs.1,500/- – Same needs to be enhanced to commensurate with the guilt of the respondents – For offence u/s.326, IPC r/with s.34, IPC, the respondent nos.1-3 to serve rigorous imprisonment for 3 months and pay fine of Rs. 75,000/- each, within 1 month – For the offence u/s.452, IPC, they are to serve rigorous imprisonment for 3 months and pay fine of Rs. 25,000/- each, within 1 month– On default of payment of fine, to suffer simple imprisonment for 3 months – For offence u/ s.326, IPC r/w s.34, IPC, the respondent no.4, aged around 80 years, to serve rigorous imprisonment for 2 months and pay fine of Rs.50,000/- within 1 month – For offence u/s.452, IPC, he is to serve rigorous imprisonment for 2 months and pay fine of Rs.15,000/ - within 1 month – On default of payment of fine, to suffer simple imprisonment for 1 month – Sentences to run concurrently – Respondents be taken into custody forthwith, to serve their remaining sentence – Penal Code, 1860 – s.326 r/w ss.34, 452.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2019 INSC 1175
Petitioner	State Of Madhya Pradesh
Respondent	Udham And Others
SCR	[2019] 13 S.C.R. 976
Judgement Date	2019-10-22
Case Number	690

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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