advocatemmmohan
Penal labour
Reduction of sentence = whether reducing the sentence awarded by the trial Court from three years Rigorous Imprisonment with a fine of Rs.1,000/- to each of the accused persons, with default clause, to that of the period already undergone is correct = . High Court was of opinion that injuries has not been caused on vital parts of the body. In order to attract Section 307, the injury need not be on the vital parts of the body. In order to attract Section 307, causing of hurt is sufficient. If anybody does any act with intention or knowledge that by his act he might cause death and hurt is caused, that is sufficient to attract life imprisonment. Section 307 uses the word ‘hurt’ which has been explained in Section 319, IPC and not “grievous hurt” within the meaning of Section 320, IPC. Therefore, in order to attract Section 307, the injury need not be on the vital part of the body. A gun shot, as in the present case, may miss the vital part of the body, may result in a lacerated wound, that itself is sufficient to attract Section 307. High Court is, therefore, in error in reducing the sentence, holding that the injury was not on the vital part of the body. Period undergone by way of sentence also in our view is not commensurate with the guilt established. We, therefore, find no good reason to interfere with the judgment of the trial court. Consequently, the appeal is allowed and judgment of the High Court reducing the sentence is set aside and the judgment and order of the trial Court are restored.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40612 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1052 OF 2013 [Arising out of SLP (Crl.) No. 6131 of 2012] State of M.P. .. Appellant Versus Mohan & Others .. Respondents J U D G M E N T K. S. Radhakrishnan, J. Leave … Continue reading
Scope of Sec.120 B of I.P.C. = what will be the effect of acquittal of co-accused Nos.1 and 2 on the case of accused No.3. According to the appellant if co-accused No.1 is acquitted and in view of acquittal of co- accused No.2 no charge under Sections 409, 411 and 477-A substantiate against accused No.3 and he cannot be punished with the aid of Section 120-B IPC.= However, in view of the acquittal of accused Nos.1 and 2, the order of conviction of accused No.3 under Section 477-A is set aside. The judgment dated 6th September, 2001 passed by the learned Special Judge is affirmed with modification as mentioned above. The appeal (Criminal Appeal No.1226 of 2001) filed by the appellant-Hiten P. Dalal is dismissed. The bail bonds of the appellant – Hiten P. Dalal, if he is on bail, shall stand cancelled and he is directed to be taken into custody to serve out the remainder of the sentence.
‘ published in http://courtnic.nic.in/supremecourt/qrydisp.asp REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1001 OF 2001 B. RAGHUVIR ACHARYA … APPELLANT VERUS CENTRAL BUREAU OF INVESTIGATION … RESPONDENT WITH CRIMINAL APPEAL NO.1226 OF 2001 HITEN P. DALAL … APPELLANT VERUS CENTRAL BUREAU OF INVESTIGATION … RESPONDENT J U D G M E N T … Continue reading
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