Kuppan & Ors. Vs. State of Tamil Nadu
EmailAppeal: Criminal Appeal No. 82 of 2000
(Arising out of SLP (Crl.) No. 2520/1999)
(Arising out of SLP (Crl.) No. 2520/1999)
Petitioner: Kuppan & Ors.
Respondent: State of Tamil Nadu
Apeal: Criminal Appeal No. 82 of 2000
(Arising out of SLP (Crl.) No. 2520/1999)
(Arising out of SLP (Crl.) No. 2520/1999)
Judges: K.T. THOMAS & A.P. MISRA, JJ.
Date of Judgment: Jan 24, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 326, 324, 452 – Sentence – Three accused – First accused sentenced to 1½ years under Section 326 – Grievous injury attributed to him alone – Second sentenced to pay fine only – Third also sentenced to 1½ years term but for offence under Section 324. Held that sentence of third accused was excessive. Reduced to period already undergone.(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. In this case three appellants have been convicted and sen-tenced to different terms of imprisonment of offences under Sections 326, 324 and 452 of the Indian Penal Code. In appeal the conviction and sentences were confirmed but in revision the sentence was reduced to imprisonment for a period of one and a half years for the first accused under Section 326 mainly. For the third accused the same period of imprisonment was awarded for the offence under Section 324 I.P.C. Second accused was sentenced only to pay a fine of Rs. 1,500/-.
3. The grievous hurt was inflicted on the head of the injured and that is attributed to the first accused. We are not inclined to disturb the sentence imposed by the High Court on the first accused. Even regarding second accused (she is sentence to fine alone) there is no reason to interfere with the sentence. But the sentence as for the third accused who is the son of A1 and A 2 appears to be excessive as he is convicted only under Section 324 I.P.C. besides Section 341. We, therefore, reduce the sentence imposed on the third accused for the offence under Section 324 I.P.C. to the period already undergone. In other words he shall be set at liberty. The fine portion of the sentence is also deleted as for A 3.
4. The Appeal is disposed of.
1. Leave granted.
2. In this case three appellants have been convicted and sen-tenced to different terms of imprisonment of offences under Sections 326, 324 and 452 of the Indian Penal Code. In appeal the conviction and sentences were confirmed but in revision the sentence was reduced to imprisonment for a period of one and a half years for the first accused under Section 326 mainly. For the third accused the same period of imprisonment was awarded for the offence under Section 324 I.P.C. Second accused was sentenced only to pay a fine of Rs. 1,500/-.
3. The grievous hurt was inflicted on the head of the injured and that is attributed to the first accused. We are not inclined to disturb the sentence imposed by the High Court on the first accused. Even regarding second accused (she is sentence to fine alone) there is no reason to interfere with the sentence. But the sentence as for the third accused who is the son of A1 and A 2 appears to be excessive as he is convicted only under Section 324 I.P.C. besides Section 341. We, therefore, reduce the sentence imposed on the third accused for the offence under Section 324 I.P.C. to the period already undergone. In other words he shall be set at liberty. The fine portion of the sentence is also deleted as for A 3.
4. The Appeal is disposed of.
