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1979 Supreme(SC) 112

SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI AND A.D. KOSHAL, JJ.
Abadhraj Dukharam Pande and another etc., Appellants
Versus
State of Maharashtra, Respondent.
Criminal Appeals Nos. 429 and 430 of 1974, D/- 7-2-1979.

Headnote:

Indian Penal Code, 1860 – Section 323, 324 – Order of Conviction – In these appeals by Special leave, appellant No. 1 has been convicted under Section 324 to one years regrous imprisonment and accused 2 and 4 under Section 323 to one months rigorous imprisonment. – Held, Court find that it has fully discussed the evidence of the prosecution and has come to a clear finding that the prosecution case is proved – Appeals before the High Court were dismissed in limine and court is satisfied that there is no arguable point in these cases which may have persuaded the High Court to admit the appeals – Court, therefore, do not see any merit in these appeals. – Since injury caused by A-1 was a very serious one, having torn a portion of abdomen by a razor, there is no question of any reduction in the sentence of A-1. As regards A-2 and A-4, it is stated that A-2 has already served out sentence and A-4 has also served out a portion of the sentence – In these circumstances, therefore, court while upholding the conviction and sentence of A-1 and A-2 reduce the sentence of A-4 to the period already served – Appeal Dismissed

Judgment

FAZAL ALI, J.:- In these appeals by Special leave, appellant No. 1 has been convicted under Section 324 to one years regrous imprisonment and accused 2 and 4 under Section 323 to one months rigorous imprisonment.

2. We have gone through the judgment of the Sessions Judge and we find that it has fully discussed the evidence of the prosecution and has come to a clear finding that the prosecution case is proved. The appeals before the High Court were dismissed in limine and we are satisfied that there is no arguable point in these cases which may have persuaded the High Court to admit the appeals. We, therefore, do not see any merit in these appeals.

3. As regards the question of sentence, since the injury caused by A-1 was a very serious one, having torn a portion of the abdomen by a razor, there is no question of any reduction in the sentence of A-1. As regards A-2 and A-4, it is stated that A-2 has already served out sentence and A-4 has also served out a portion of the sentence. In these circumstances, therefore, we while upholding the conviction and sentence of A-1 and A-2 reduce the sentence of A-4 to the period already served. With this modification, the appeals are dismissed.

Appeal dismissed.

For Citation : AIR 1979 SC 1703

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