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2011 Supreme(SC) 675
2012 CrLJ 2178
Supreme Court of India
HARJIT SINGH BEDI & GYAN SUDHA MISRA
Ram Singh
Versus
State of Madhya Pradesh
CRIMINAL APPEAL NO.1453 OF 2011 ARISING OUT OF SLP(CRL) NO. 2594 OF 2011
Decided on : 18-07-2011
The court has the discretion to consider the nature of injuries and the time elapsed since the incident in determining the appropriateness of the sentence under Section 307 of the Indian Penal Code.
Headnote:
Section 307 - Sentencing - Reduction of sentence
Fact of the Case:
The appellant was sentenced to five years' rigorous imprisonment and a fine under Section 307 of the Indian Penal Code for causing injuries, including an incised wound, in an incident that occurred in 1993.
Finding of the Court:
The court found that the injuries caused by the appellant, apart from one, were of a simple nature and that the sentence of five years was excessive considering the small dimension of the injury that could invite the applicability of Section 307.
Issues: The issue was the appropriateness of the sentence under Section 307 of the Indian Penal Code in relation to the injuries caused by the appellant.
Ratio Decidendi: The court decided to reduce the appellant's sentence from five to two years rigorous imprisonment, considering the nature of the injuries and the 18 years that had elapsed since the incident.
Final Decision: The court partly allowed the appeal and reduced the appellant's sentence from five to two years rigorous imprisonment, maintaining the other parts of the sentence as it is.
Judgment :
1. Leave granted.
2. We had issued noticed on the quantum of sentence only on the 21st of April, 2011 in this matter where a sentence of five years' rigorous imprisonment and a fine has been awarded under Section 307 of the Indian Penal Code.
3. Ms. Vibha Datta Makhija has put in appearance on behalf of the State of Madhya Pradesh.
4. The injuries that had been caused by the appellant are given herein below:
"(i) incised wound =" X <" on right side below abdomen (illiac cosa)
(ii) incised wound >" X <" muscle deep on right middle palm.
(iii) incised wound 1" X =" muscle deep on right hand above 3" on wrist,
(iv) incised wound 1.5" X <" on left hand thumb and middle in index finger."
5. We see that injury No. 1 is the only injury which could invite the applicability of Section 307 of the Indian Penal Code. This too is an injury of very small dimension. The other injuries are on the hand and are simple in nature. The incident happened in the year 1993 and 18 years have elapsed since then. We, therefore, feel that the sentence of five years awarded to the appellant is somewhat excessive. We, partly allow this appeal and reduce the sentence on the appellant from five to two years rigorous imprisonment, the other parts of the sentence being maintained as it is.
