Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing IPC Accused attacking a police constable Causing knife injuries on his neck |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: ss. 307 and 333 and 307134 and 333/34-Accused attacking a police C constable on duty-Causing knife injuries on his neck-Convicted and sentenced by trial court to R.I. for 5 years-High Court reducing sentence to the period already undergone being about seven months only-Held, offences alleged are of very serious nature and conviction was not challenged before High Court-It is duty of every court to award proper sentence having regard to nature of offence and the manner in which it was committed-Matter remitted to High Court to hear the matter only relating to sentence-Sentencing. Accused-respondents were prosecuted, inter alia, u/ss. 307 and 333 IPC for assaulting the complainant, a police constable, on his neck with sharp edged weapon with intention to kill him and for deterring him from performing his public duty by voluntarily causing grievous hurt with a sharp edged weapon. The trial court convicted accused-respondent No. 2 under ss. 307 and 333 and accused-respondent No. 2 under ss. 307/34 and 333/34 and sentenced each of them for 5 years R.I. on the first count and 4 years R.I. on the second count as also with fine. On appeal, the High Court reduced the sentence to the custodial period which was nearly seven months, observing that the accused were illiterate persons belonging to lower income group and were of 23 years of age at the time of commission of offence. In the present appeal filed by the State, it was contended that the offences were of quite serious nature and the High Court should not have shown undeserved sympathy. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 291 |
Petitioner | State Of Madhya Pradesh |
Respondent | Saleem@ Chamaru And Anr. |
SCR | [2005] Supp. (1) S.C.R. 562 |
Judgement Date | 2005-11-13 |
Case Number | 822 |
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