Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing: Enhancement of sentence – Incident pertaining to a dispute of right of way |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Enhancement of sentence – Incident pertaining to a dispute of right of way – Respondent No. 1-accused inflicted fist blows to a 65 years old man, resulting in his death – High Court convicted the accused u/s. 304 Part II IPC – However, in appeal, the Supreme Court held that out of all the fist blows of the respondent, only one of them landed on the head of the deceased, that there was uncertainty regarding the cause of death, that no weapon used nor there was past enmity, thus, respondent not held guilty of death but of causing voluntary hurt to the deceased, punishable u/s. 323 IPC and was sentenced with a fine of Rs. 1000/- only – Review petition – Held: Accused, 25 year old international cricketer was extremely physically fit and his hand can also be a weapon itself – He assaulted a man more than twice his age and inflicted even with his bare hands, a severe blow on victim’s head – Unintended consequence of harm would still be properly attributable to him as it was reasonably foreseeable – Even though the harm might not be directly intended, some aggravated culpability must be attached if the person suffers a grievous hurt or dies – While sentencing the principle of proportionality should be kept in mind – Disproportionately light punishment humiliates and frustrate a victim of crime, and erodes the faith of the society in the criminal justice system – Long period having lapsed by the time the appeal was decided cannot be a ground to award disproportionate and inadequate punishment – Thus, imposition of sentence of rigorous imprisonment for a period of one year – Review – Criminal jurisprudence. Adequate sentence – Imposition of – Principles of proportionality – Held: There is necessity of maintaining a reasonable proportion between the seriousness of the crime and punishment – While disproportionately severe sentence ought not to be passed, simultaneously it also does not clothe the courts to award an inadequate sentence, having due regard to the nature of the offence, since an inadequate sentence would fail to produce a deterrent effect on the society at large |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2022 INSC 603 |
Petitioner | Jaswinder Singh (dead) Through Legal Representative |
Respondent | Navjot Singh Sidhu & Ors. |
SCR | [2022] 4 S.C.R. 725 |
Judgement Date | 2022-05-19 |
Case Number | 477 |
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