Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 323/34 1860 – ss.307/34 Penal Code 324/34 and 504 |
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 Disposed Off |
Headnote | Penal Code, 1860 – ss.307/34, 323/34, 324/34 and 504 –Four accused – Prosecution case was that the accused personsattacked the victim with axe and caused injuries to him on his body– The injuries were abrasion, contusion and one lacerated wound– Sessions court acquitted all the accused – However, High Courtset aside acquittal and ordered conviction – Appeal againstconviction – Held: In view of finding of facts, interference with theorder of High Court is not called for in case of accused no.1, 3and 4 – However, sentence awarded by High Court is reduced towhat they have already undergone for the reason that the appellantswere first offender, the injuries inflicted on the victim were not seriousin nature and victim survived leaving no disability due to causingof the injuries – The fine of Rs.7000 awarded by High Court isenhanced to Rs.75000 – In case of appellant no.2, role attributedto him was not established beyond reasonable doubt and, therefore,he is acquitted of charges leveled against him. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 417 |
Petitioner | Naresh & Ors. |
Respondent | The State Of Uttarakhand & Irs. |
SCR | [2018] 3 S.C.R. 940 |
Judgement Date | 2018-04-25 |
Case Number | 394-395 |
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