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Reduces Sentence In 1984 Case For Former Police Constable
The has delivered a significant verdict in a four-decade-old , upholding the of Bux Ullah, a former police constable, for the of his spiritual preceptor. While maintaining the guilt of the accused under , the bench presided over by Justice Santosh Rai exercised its discretion to modify the sentence, citing the extraordinary duration of the and the advanced age of the convict.
A Violent Betrayal of Trust
The incident dates back to , when the appellant, then a police constable posted at Bareilly, abandoned his post without authorization to confront his 'Peer' (spiritual preceptor), Sayeed Ayub Ali, in their hometown of Bisalpur. Armed with a knife while wearing his official police uniform, the appellant intercepted the victim and two disciples, accusing the 'Peer' of defaming him over a missing tape-recorder. What followed was a brutal, two-stage assault that resulted in ten incised wounds, including a life-threatening abdominal injury that caused an intestinal protrusion.
Judicial Scrutiny and Defence Claims
The appellant challenged his trial court , arguing that the eyewitnesses were partisan affiliates of the victim and that the absence of blood at the initial scene suggested a fabricated timeline. Furthermore, the defence attempted to introduce a plea of "" to mitigate criminal responsibility.
The High Court, however, dismissed these claims after a thorough re-appreciation of evidence. The Court found the testimony of the eyewitnesses to be natural and entirely corroborated by the medical report from the , Bisalpur. The Court noted that the consistent nature of the wounds, which required urgent abdominal surgery, was incompatible with a mere denial of the occurrence.
Key Observations
In its order, the High Court emphasized the criticality of medical evidence in establishing the intent under Section 307. Reflecting on the gravity of the crime, the Court stated:
"The sheer number, distribution and depth of the injuries are consistent only with a sustained and determined assault of the nature described by the injured and the eye-witnesses... and are wholly inconsistent with the appellant's defence of denial."
Addressing the sentencing principles, the Court articulated,
"It is well settled that while the gravity of the offence and the nature and extent of the injuries inflicted are weighty considerations in determining the appropriate sentence, the advanced age of the accused and inordinate, unexplained delay in the conclusion of criminal proceedings... are also relevant and ."
A Balancing Act: Sentence and Compensation
Balancing the societal need for deterrent punishment with the reality of a 41-year pendency period for which the appellant was not responsible, the High Court reduced the original six-year sentence to four years of .
Crucially, the Court employed its powers under to enhance the fine to ₹40,000. Of this amount, ₹35,000 has been ordered to be paid directly to the victim, Sayeed Ayub Ali, or his legal heirs. This decision serves as a reminder of the judiciary's responsibility to deliver justice that is not only punitive but also restorative for the victim. The appellant has been directed to surrender within two weeks to serve the remaining term of his sentence.
