IMPORTANT POINT
Sentence should be appropriate, adequate, just, proportionate and commensurate with the nature and gravity of the crime and the manner in which the crime is committed.

JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. Judgment dated 25.05.2015 passed by the High Court of Judicature at Rajasthan, Jaipur Bench in Appeal No.215 of 1992 is questioned in this appeal by the State with the prayer for enhancement of sentence. By the impugned judgment, the High Court has confirmed the judgment and order of conviction passed by the Sessions Court, Sambharlake in Sessions Case No.14/1992 for the offences under Sections 325 and 323 of the Indian Penal Code (IPC), but has reduced the sentence from 3 years’ rigorous imprisonment and fine of Rs.1000/-for the offences under Section 325, IPC and 6 months’ rigorous imprisonment and fine of Rs. 250/-under Section 323, IPC to the period already undergone.

3. The accused (respondent herein) was charged with and tried for the offences punishable under Sections 307, 326, 447, 323 and 341, IPC. The learned Additional Sessions Judge, Sambharlake, by the judgment dated 19.05.1992 in Sessions Case No. 14/1992 convicted the accused for the offences punishable under Sections 325 and 323, IPC. The Sessions Court imposed a sentence of 3 years’ rigorous imprisonment and fine of Rs.1000/-for the offences under Section 325, IPC; and 6 months’ rigorous imprisonment and fine of Rs. 250/-was imposed for the offence under Section 323, IPC. On appeal by the convicted accused, the High Court of Judicature at Rajasthan, Jaipur Bench confirmed the judgment of conviction but reduced the sentence to the period of imprisonment already undergone by the accused. By then, the accused had undergone 6 days’ imprisonment only. Being aggrieved by the meagre sentence, the State is before us as an appellant praying for enhancement of sentence.

4. The case of the prosecution in brief is that due to old enmity relating to a land dispute, one Kapurchand was assaulted by the accused; one Phoolchand who intervened in the fight also sustained an injury because of the assault by the accused. As mentioned supra, the accused was tried for the offences under Sections 307 and 326, IPC apart from other offences, but was convicted for the offences under Sections 325 and 323, IPC.

5. During the course of the trial, the informant (PW1), the injured Kapurchand (PW2) and the second injured Phoolchand (PW5) were examined, apart from other witnesses, including the doctor who treated the injured. The trial court has found the evidence of PWs 1, 2 and 5 consistent, cogent, reliable and trustworthy and proceeded to convict the accused. The doctor fully supported the case of the prosecution. The medical records, including the evidence of the Doctor, conclusively prove that injury no.1 sustained by PW2-Kapurchand was a grievous injury, in as much as Kapurchand sustained a fracture of the right parietal bone.

6. It is clear from the judgment of the High Court that though the accused had filed an appeal questioning his conviction and sentence before the High Court, during the course of arguments he did not press the appeal filed against the judgment of conviction, praying only for reduction of sentence. The High Court decided the Criminal Appeal accepting such request, and reduced the sentence to the period already undergone. However, as a matter of fact, as mentioned supra, the accused had, by then, been in confinement only for 6 days.

7. Since the accused has not filed further appeal and as this appeal has been filed by the State praying for enhancement of sentence, we have decided this appeal confining ourselves to the sentence to be imposed.

8. The Medical Officer of the authorized Primary Health Centre, Kishangarh Renwal, examined the injuries sustained by the two injured, viz. Kapurchand and Phoolchand. While Phoolchand had sustained only one injury of a simple nature, which was inflicted by a blunt object, Kapurchand had sustained two injuries, out of which one was simple and the other was serious. Therefore, Kapurchand was advised to undergo an X-ray. The X-ray report (Exhibit-P4) revealed that his right pa