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 Disposed Off |
Headnote | Issue for consideration: Victims sustained simple injuries. Whether Courts below were justified in convicting appellants u/s. 307 IPC. Penal Code, 1860 – ss. 323, 324 and 307 – Trial Court convicted appellants (accused Nos.3 and 4) u/s. 307, IPC and sentenced to 10 years’ rigorous imprisonment – High Court reduced the imprisonment from 10 years to 5 years – Propriety: Held: PW1 and accused no.1 had a dispute concerning a lane between their houses – A civil case regarding the same was also pending between them – Accused nos. 1, 2 and 5 along with appellants (accused Nos.3 and 4) reached the shop of PW-1 – Accused No.2 is stated to have abused PW1 and beaten him – The appellants (accused Nos.3 and 4) tried to attack PW1 with a knife, but PW1 escaped from their attack and caught hold of the appellants’ hands, as a result of which, sustained abrasion injuries on his right shoulder and left thumb – PW2 (PW1’s mother) was also injured – PW13 (doctor) found injuries to be simple in nature – Having considered the facts and circumstances of the case the impugned judgment of the High Court requires to be interfered with – Admittedly, there is no allegation of repeated or severe blows having been inflicted – Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour – From the materials available on record, only offences u/ss. 323 and 324 of the IPC can be made out – As such, the conviction u/s. 307, IPC is unsustainable. [Paras 5, 6, 9, 10, 11] |
Judge | Hon'ble Mr. Justice Ahsanuddin Amanullah |
Neutral Citation | 2023 INSC 1027 |
Petitioner | Sivamani And Anr. |
Respondent | State Represented By Inspector Of Police, Vel- Lore Taluk Police Station, Vellore District |
SCR | [2023] 14 S.C.R. 849 |
Judgement Date | 2023-11-28 |
Case Number | 3619 |
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