Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 147, 308/149, 323 and 325 - Accused persons waylaid complainant and caused injuries to him - Case of previous enmity - Conviction under ss. 147 and 308/149 by courts below - Correctness of - Held: Though overt-act attributed against each of the accused having la this, out of seven injuries only one grievous injury caused that too not on the vital part of the body - Thus, accused not guilty u/s. 308 but u/ss. 323 and 325 - With regard to sentence imposed, considering the circumstances, substantive sentence reduced to the period undergone with fine of Rs.15, 000/- each.According to the prosecution case, accused had enmity with the complainant. On the fateful day accused assaulted the complainant with Ia this causing injuries to him and took money from him. Brother of the complainant intervened and he also suffered injuries. FIR was lodged. Informant alleged that the accused attacked him with the intention to cause his death and had earlier also threatened him. Trial court convicted the appellant for commission of an offence under s. 147 and s. 308/149 IPC and imposed rigorous imprisonment for one year for offence under s. 147 and rigorous imprisonment for four years for offence under s. 308/149 IPC. High Court upheld the order. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1018 |
Petitioner | Bishan Singh And Anr. |
Respondent | Ti-ie State |
SCR | [2007] 10 S.C.R. 798 |
Judgement Date | 2007-10-09 |
Case Number | 1390 |
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