Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dangerous weapons voluntarily causing grievous hurt |
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 Dismissed |
Headnote | Penal Code, 1860 – s.326 – Voluntarily causing grievous hurt by dangerous weapons – Conviction under – Prosecution case that the appellant and other accused persons attacked the victim with a lethal weapon which chopped off his right arm and leg during the course of the crime – However, the victim survived with the immediate medical treatment – Trial Court convicted 12 accused persons including appellant – accused for the offence punishable u/s.326 r/w. s.149 IPC and each of them was sentenced to suffer 7 years rigorous imprisonment – Appeal before the High Court was collectively preferred by all the 12 accused persons, the High Court under its impugned judgment found the accused A3, A4, A10 and A12 including the present appellant (A1) guilty and because of lack of material against the other accused persons, they were acquitted under the impugned judgment – The appeal stood abated in respect of four accused persons, A3, A4, A10 and A12 – The appellant was sentenced to rigorous imprisonment for 5 years – Before the Supreme Court, the appellant confined his submissions for compounding the sentence for the reason that a compromise was entered between the appellant and the injured victim – Held: The substance of the compromise was completely superfluous in the mechanical form and nothing elicit about the earlier relations, if any, or when such cordial relations or what kind of family relations later on had developed, all such facts were completely missing and the contents were stereotyped – The compromise does not record satisfaction of this Court – The High Court had recorded sufficient reasons while convicting appellant u/s.326 IPC – The brutality of assault is apparent from the face of the record – The injured was crippled for life – The act of the appellant is unpardonable – Thus, there is no reason to interfere in the sentence awarded by the High Court. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2021 INSC 503 |
Petitioner | Bhagwan Narayan Gaikwad |
Respondent | The State Of Maharashtra And Ors. |
SCR | [2021] 9 S.C.R. 81 |
Judgement Date | 2021-09-20 |
Case Number | 1039 |
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