Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Art. 136 - Special leave to appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950:Art. 136 - Special leave to appeal - Held: An injured aggrieved party can prefer an appeal by special leave and power of Supreme Court under Art. 136 being of wide amplitude, it can remove injustice and impose adequate sentence when facts and circumstances so warrant - Code of Criminal Procedure, 1973 - s. 377(3). Appeal: Criminal appeal by State for enhancement of sentence - Held: In such an appeal, accused can plead for his acquittal on establishing that there is no material on record to sustain his conviction. Criminal Law: Right of private defence - Hand of victim chopped off over a land dispute - Held: Exercise of right of private defence even if not specifically taken in statement u/s 313, CrPC, it can always be gathered from facts and circumstances - In the instant case on the basis of evidence of record, a finding has been returned by trial court that on the day of occurrence, possession of land in dispute was with the victim and others, and accused had no right to forcibly evict them - Further, victims were not armed with weapons and were peacefully carrying on their agricultural activities when accused persons came armed with weapons and attacked the - Injuries on assailants were also absolutely simple in nature :- Therefore, it cannot be said that the defence has been able to establish the plea of right of private defense, nor does the question of exceeding the said right arise. Penal Code, 1860: s.326, 307 and 323/149 - Grievous injuries caused to victims by accused over a land dispute - Hand of victim from wrist chopped off - Conviction and sentence of 5 years RI with a fine u/s 307 IPC and 4 years RI with a fine u/s 326 IPC - High Court on appeal upholding conviction u/s 326 IPC but reducing sentence to period already undergone i.e. 7 days - Held: No reason has been ascribed by High Court for reducing the sentence - Manner in which the crime was committed speaks eloquently about its brutality - The gravity of the offence speaks for itself - A young man's hand has been cut off from the wrist - The fear psychosis that would have reigned in the society at the relevant time has to be perceived - High Court while reducing the sentence to the period already undergone, i.e., seven days for such an offence, failed to take these aspects into consideration and possibly felt that increase of fine amount would serve the cause of justice - Increase in fine amount or grant of compensation under the Code would not be a justified answer in law - Interference in manifestly inadequate and unduly lenient sentence is the justifiable warrant, for the Court cannot Close its eyes to the agony and anguish of the victim and, eventually, to the cry of the society - Therefore, striking the balance, the cause of justice would be best subserved if the respondent-accused is sentenced to undergo rigorous imprisonment for two years apart from the fine that has been imposed by the trial judge - Ordered accordingly. Sentence/Sentencing: Reduction of sentence - High Court reducing the sentence of 5 years RI to period already undergone i.e. 7 days and increasing the fine amount - Held: Though the question of sentence is a matter of discretion, yet the said discretion cannot be used by a court in a fanciful and whimsical manner - Very strong reasons on consideration of relevant factors have to form the fulcrum for lenient use of said discretion - Judges are to constantly remind themselves that use of discretion has to be guided by law, and what is fair under the obtaining circumstances - It has come to the notice of the Court that in certain heinous crimes or crimes committed in a brutal manner High Courts in exercise of appellate jurisdiction have imposed extremely lenient sentences which shock the conscience - It should not be so - It is the duty of the court to impose adequate sentence, for one of the purposes of imposition of requisite sentence is protection of society and a legitimate response to collective conscience - The paramount guiding principle should be that ยท punishment should be proportionate - Judicial notice. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 969 |
Petitioner | Sumer Singh |
Respondent | Surajbhan Singh And Others |
SCR | [2014] 5 S.C.R. 882 |
Judgement Date | 2014-05-05 |
Case Number | 942 |
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