Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing Hurt Weapon |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s. 324 - Conviction under, of. accused-appellant - For firing gunshot at PW3 from a country_ C made pistol ('kattaJ thereby causing firearm injury to him : . .-_ Justification of the conviction - Held: Justified - PW1 cleariY stated that appellant had fired from his country made pistol which hit his nephew, PW3 - Similarly, PW2, father of P~, vividly narrated the incident - Testimony of PW3 that when his uncle, PW1, was preparing accounts in his shop, he was / suddenly hit by bullet fired by the appellant - Medical evidence made it clear that the injury was caused by fireirm, - PW5, the investigating officer, deposed that he ff ad recovered pellets of 'katta' from the wall of the shop room,/ the place of the incident - No explanation offered by the defence for the same - Under the circumstances, solely because the 'katta' was not recovered, the prosecution version should not be disbelieved - Taking into consideration the nature of the injury and the weapon used, conviction of appellant u/s. 324 IPC was justified. Sentence/ Sentencing - Accused-appellant fired gunshot at PW3 causing firearm injury to the latter- Appellant convicted u/s. 324 and sentenced to 3 years RI - Sentence challenged by defence as excessive - Held: Legislature in respect of offence punishable u/s.324 IPC has provided punishment which may extend to 3 years or with fine or with both - Legislative intent is to confer discretion on the judiciary in imposition of sentence in respect of such offence where has not provided the minimum sentence or made it conditional - But discretion vested required to be embedded in rational concepts based on sound facts - In the instant case, the doctor did not state the injury to be grievous but on 'the contrary mentioned that there was no fracture and only a muscle injury - Weapon used (country made pistol) fits in to B the description as provided u/s.324 IPC - Occurrence took place almost 20 years back - Parties were neighbours and nothing on record to show that appellant had any criminal antecedents - In the totality of the facts and circumstances, sentence of 1 year RI u/s.324 IPC would be adequate - That apart, appellant directed to pay Rs. 20, 000/- to the victim towards compensation as envisaged u/s.357(3) CrPC - Penal Code, 1860 - s.324. Sentence I Sentencing - Appropriate sentence - Principle of proportionality between crime and punishment - Held: Punishment should not be disproportionately excessive - Concept of proportionality allows significant discretion to the judge but the same has to be guided by certain principles - There can neither be a strait-jacket formula nor a solvable theory in mathematical exactitude - It would depend on the facts of the case and rationalized judicial discretion - The discretion should be embedded in the conceptual essence of just punishment. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 85 |
Petitioner | Gopal Singh |
Respondent | State Of Uttarakhand |
SCR | [2013] 4 S.C.R. 104 |
Judgement Date | 2013-02-08 |
Case Number | 291 |
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