Back
SUPREME COURT OF INDIA
G.S. SINGHVI & DIPAK MISRA, JJ.
Gopal Singh – Appellant
Versus
State of Uttarakhand – Respondent
Criminal Appeal No. 291 of 2013 (Arising out of S.L.P. (Crl.) No. 9897 of 2012)
Decided on : 08-02-2013
(B) Crime and Punishment — Principle of proportionality between the concept of — Guiding factors — The nature of culpability, the antecedents of the accused, the factum of age, the potentiality of the convict to become a criminal in future — Capability of his reformation and to lead an acceptable life in the prevalent milieu — The effect – propensity to become a social threat or nuisance, and sometimes lapse of time in the commission of the crime — And his conduct in the interregnum bearing in mind the nature of the offence — The relationship between the parties and attractability of the doctrine of bringing the convict to the value-based social mainstream may be the guiding factors. (Para 18)
(C) Sentence — Quantum — Appeal for reduction in — Held — In the case at hand, the doctor had not stated that the injury was grievous but mentioned that there was no fracture and only a muscle injury — Weapon used fitted in to the description as provided u/s 324, IPC — Incident occurred almost 20 years back — Nothing shows that the appellant had any criminal antecedents — In the facts and circumstances, sentence of rigorous imprisonment of one year u/s 324, IPC adequate — Appellants also directed to pay a sum of Rs. 20,000/- towards compensation as envisaged u/s 357(3), Cr.P.C. to the victim. (Para 24)
JUDGMENT :-
Dipak Misra, J.
Leave granted.
2. In this appeal preferred by Special Leave, the appellant calls in question the legal substantiality of the judgment of conviction and order of sentence dated 15.3.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 137 of 2001 whereby the learned Single Judge has set aside the conviction under Sections 307 and 380 of the Indian Penal Code (for short “the IPC”) but maintained the conviction and sentence under Section 324 of the IPC passed by the learned Sessions Judge, Almora in Sessions Trial No. 24 of 1994.
3. The facts which are essential to be stated for adjudication of this appeal are that an FIR was lodged by Prem Singh, PW-2, alleging that about 9.00 p.m. on 20.10.1992, on hearing a gunshot sound and simultaneously the cry of his brother, Gopal Singh, PW-1, that he was being assaulted and his life was in danger, he rushed to the shop of Gopal Singh and found that accused Gopal Singh and his brother Puran Singh were beating him with hands, fists and stones. He saw Har Singh, the father of the assailants, standing outside the shop along with two unknown persons. It was alleged that Narain Singh, PW-3, son of Prem Singh, had sustained a gunshot injury. The informant and his nephew, Surendra Singh, took the injured Gopal Singh and Narain Singh to Ranikhet Hospital. It was further alleged that the accused persons had took away Rs.25,000/- from the shop of PW-1 and Rs.1200/- from his pocket. Be it noted that after taking the injured persons to the hospital for treatment, an FIR was lodged with the Patwari, Bilekh. After the criminal law was set in motion, the Investigating Officer recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, prepared the site plan, Ext.-7, recovered the pellets, seized the blood-stained clothes of the injured persons and got them examined by the doctor, PW-4, and, eventually, on completion of investigation, placed the charge-sheet for the offences punishable under Sections 147, 148, 452, 307 and 395 of the IPC before the learned Magistrate who, in turn, committed the matter to the Court of Session.
4. The accused persons abjured their guilt and pleaded false implication due to animosity which was founded on the harassment of Har Singh in the Gram Sabha election that was contested by Gopal Singh. Be it stated, during the pendency of the trial, Puran Singh expired as a consequence of which the trial proceeded against the accused persons, namely, Gopal Singh and Har Singh.
5. The prosecution, in order to substantiate the charges framed against the accused persons, examined five witnesses, namely, Gopal Singh, PW1, the injured, Puran Singh, PW2, the brother of the injured, Narain Singh, PW3, who received the gunshot injury, Dr. N. K Pande, PW4, who examined the injured persons and Bachhi Singh Bora, PW5, the investigating officer, and got number of documents exhibited. The defence chose not to adduce any evidence in support of the plea taken.
6. The learned Sessions Judge, on the basis of the material brought on record, acquitted Har Singh of all the charges. However, he convicted accused Gopal Singh under Sections 307, 324 and 380 of the IPC giving credence to the testimony of PWs 1,3,4 and partly of PW 2 and sentenced him to suffer rigorous imprisonment for seven years, one year and four years respectively under said scores with the stipulation that all the sentences shall be concurrent.
7. Aggrieved by the aforesaid conviction and sentence, the accused appellant preferred Criminal Appeal No. 137 of 2001. The learned Single Judge noted the fact that Gopal Singh had not sustained the gunshot injury but injuries were caused because of blows by fist, kicks and stones as a result of which there was fracture on the 10th rib of the said injured. However, the High Court was of the opinion that Puran Singh might have applied the same means and same force and as he had died during the trial, it was advisable
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
