Shobha Ram & Ors. Vs. Ram Dei
EmailAppeal: Criminal Appeal No. 104 of 2000
(Arising out of S.L.P. (Crl.) No. 3979 of 1999)
(Arising out of S.L.P. (Crl.) No. 3979 of 1999)
Petitioner: Shobha Ram & Ors.
Respondent: Ram Dei
Apeal: Criminal Appeal No. 104 of 2000
(Arising out of S.L.P. (Crl.) No. 3979 of 1999)
(Arising out of S.L.P. (Crl.) No. 3979 of 1999)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 31, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 323, 324 and 34 – Sentence – Injuries sustained, seem-ingly simple – One incised wound and other contusion – Civil suit pending – Criminal case on complaint – Accused already having suffered for 5 months & 11 days. Held that on facts, sentence reduced to period already undergone.
(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. We heard learned counsel for the appellants. Nobody is appear-ing for the respondent. Appellants stand convicted under Sections 323 and 324 read with Section 34 of the Indian Penal Code. They were sentenced to varying terms of imprisonment besides fine. The Sessions Court confirmed the conviction and sentence and the High Court did not interfere in revision. We issued notice on the S.L.P. limited to the quantum of sentence to be imposed. We have noticed from the Medical Report that the injuries sustained are seemingly simple (incised wound 1 CM x ¼ CM on the inner part of left pinna and contusion on the left arm of the injured). There was a civil suit between PW-1 and the appellants and the present criminal case was initiated on a complaint filed by respondent No. 1. We are told by learned counsel that appellants have already suffered jail sentence for 5 months and 11 days. We do not think it necessary to send these appellants again back to jail, considering the broad features of this case including the injuries and other circumstances. We, therefore, reduce the sentence to the period already undergone by the appellants.
3. This appeal is disposed of accordingly.
1. Leave granted.
2. We heard learned counsel for the appellants. Nobody is appear-ing for the respondent. Appellants stand convicted under Sections 323 and 324 read with Section 34 of the Indian Penal Code. They were sentenced to varying terms of imprisonment besides fine. The Sessions Court confirmed the conviction and sentence and the High Court did not interfere in revision. We issued notice on the S.L.P. limited to the quantum of sentence to be imposed. We have noticed from the Medical Report that the injuries sustained are seemingly simple (incised wound 1 CM x ¼ CM on the inner part of left pinna and contusion on the left arm of the injured). There was a civil suit between PW-1 and the appellants and the present criminal case was initiated on a complaint filed by respondent No. 1. We are told by learned counsel that appellants have already suffered jail sentence for 5 months and 11 days. We do not think it necessary to send these appellants again back to jail, considering the broad features of this case including the injuries and other circumstances. We, therefore, reduce the sentence to the period already undergone by the appellants.
3. This appeal is disposed of accordingly.
