Important Point
In operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix

Judgment

Arijit Pasayat, J.—Leave granted.

2. Of these two appeals, one is by the State of Gujarat and the other by the victim of the crime. They assail correctness of the judgment rendered by a Division Bench of the Gujarat High Court. By the impugned judgment while upholding the conviction recorded by the trial court the High Court reduced the sentence to the period already undergone; but awarded compensation to the victims.

3. Background facts in a nutshell are as under :

On 30th March, 2002, first information report was lodged alleging that the respondents Pratapji and Jayantubha (hereinafter referred to as accused by their respective names) assaulted the informant Sameer Kumar and the appellant Shailesh Jasvantbhai causing serious injuries. On the basis of the information lodged, investigation was undertaken and the accused persons were tried for alleged commission of offence punishable under Sections 307, 324, 504 read with Section 114 of the Indian Penal Code, 1860 (in short the ‘IPC’) and section 135 of the Bombay Police Act. The trial court held the accused persons to be guilty and sentenced each to undergo rigorous imprisonment for 10 years with fine of Rs. 3,000/- with default stipulation for the offences punishable under Sections 307 and 114 IPC. No separate sentence was imposed for the offences punishable under Sections 324 and 114 IPC. The accused persons were, however, acquitted of the charges relating to Section 504 IPC and Section 135 of the Bombay Police Act. The incident as described in the first information report and as unfolded during trial was that the incident in question happened on 30th March, 2002 when complainant Sameer Kumar and his friend appellant Shailesh were standing near a pan shop situated on Bhabhar Highway. After having their pans, both the accused came there and asked the complainant to pay the charges for their pans. A quarrel started as the complainant refused to accept the demand of the accused. Thereafter at about 9.30 p.m. on the next day, when complainant and his friend’s, Balmukund and Shailesh were standing at the pan shop situated opposite a PCO, both the accused came there, each was armed with a knife and started abusing the complainant. Accused No. 2 Jayantubha caught hold of the complainant and accused No. 1 Pratap gave knife blow on the right hand of the complainant. He also gave another blow on the left hand of the complainant. When the complainant shouted for help, appellant Shailesh intervened. Both the accused diverted their attention to Shailesh by inflicting blows with knife on him. Shailesh sustained injury on the left side of the neck and fell down on the ground. Thereafter Balmukund and Bharat also intervened. Accused thereafter fled. Both the injured were taken to Dr. Dhirajbhai (PW1) for the treatment who also informed the police. The police thereafter recorded the complaint and started investigation, submitted the chargesheet against accused. Trial was held as accused persons pleaded innocence. As noted above, the trial court found them guilty and convicted and sentenced them. Trial Court’s judgment was assailed before the High Court.

4. During the hearing of the appeal before the High Court conviction was not questioned, but it was submitted that the accused Pratapji had appeared in Standard X examination before a week of the incident, the sentence was harsh, had the likelihood of spoiling the careers of the accused persons. It was, therefore, submitted that a lenient view should be taken in the matter by providing adequate compensation to the injured persons. The plea was resisted by the State. But the High Court was of the view that even though the conviction was not seriously questioned, the same was rightly so done because the conviction was in order. However, it was held that as both the accused persons were in prison and one of them had appeared in Standard X examination, and had no criminal antecedent the sentence was restricted to the period already undergone