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SUPREME COURT OF INDIA
RAM EKBAL UPADHYA
Versus
STATE OF BIHAR
Decided On : November 17, 2000
Section 307 - Alteration to Section 326 - The court altered the offence under Section 307 of the Indian Penal Code to Section 326 due to the nature of the injuries sustained by the parties involved.
Fact of the Case:
The court considered two rival versions of the same occurrence and altered the offence under Section 307 to Section 326 due to the nature of the injuries sustained by the parties. The court also took into account the settlement reached between the parties.
Finding of the Court:
The court found that the offence under Section 307 could be altered to Section 326 based on the injuries sustained and the settlement reached between the parties. The court also reduced the sentence to the period already suffered by the appellants due to the changed situation and the settlement.
Issues: Altering the offence under Section 307 to Section 326, consideration of settlement between the parties, and reduction of the sentence.
Ratio Decidendi: The alteration of the offence and the reduction of the sentence were influenced by the nature of the injuries sustained, the settlement reached between the parties, and the peculiar facts and circumstances of the case.
Final Decision: The court disposed of the appeal by altering the offence to Section 326, considering the settlement, and reducing the sentence to the period already suffered by the appellants.
( 1 ) LEAVE granted.
( 2 ) HAVING considered the case with two rival versions of the same occurrence and on the fact situation in this case we think that the offence under Section 307 of the Indian Penal Code as found by the courts below can be altered to Section 326 of the Indian Penal Code. The one injury which is described as a grievous hurt is the loss of the index finger of one of the injured. Though we dont have full materials regarding the injuries sustained by the accused it is an admitted fact that they have also sustained injuries in the same occurrence. Considering all these aspects we alter the section of offence to Section 326 of the Indian Penal Code.
( 3 ) NOW coming to the question of sentence we are told that both sides have now come to terms. A joint application has been filed for showing the fact of settlement. The injured are represented in this Court by a counsel and he also confirms the fact that disputes have been settled between the two warring groups.
( 4 ) IN view of the changed situation and also on the peculiar facts and circumstances of this case we are of the opinion that the sentence can be reduced to imprisonment for a period already suffered by the appellants (we are told that the appellants have already undergone imprisonment for about 4 months ). We, therefore, dispose of this appeal in the above terms.
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