IMPORTANT POINTS
Sentence should be commensurate with gravity of offence and the court has to record brief reasons to explain the choice of sentence.
Inadequacy of sentence may lead to sufferance of the victim and the community at large.

JUDGMENT :

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment dated 12.07.2018 passed by the High Court of Judicature of Bombay at Aurangabad in Criminal Appeal No.11 of 2016 in and by which the High Court affirmed the conviction of respondent No.2-accused No.1 under Section 307 IPC read with Section 34 IPC and reduced the sentence of imprisonment imposed upon him from seven years to five years and imposed fine amount of Rs.25,000/-. Insofar respondent Nos.3 and 4-accused Nos.2 and 3, the High Court acquitted them from the charges under Section 307 read with Section 34 IPC and instead convicted them under Section 326 read with Section 34 IPC and reduced the sentence of imprisonment imposed upon them to the period already undergone and imposed fine amount of Rs.25,000/- upon each of them. The High Court maintained the conviction of accused Nos.1 to 3 under Section 323 read with Section 34 IPC also the sentence of imprisonment imposed upon each of them.

3. The appellant-Complainant has filed this appeal challenging the reduction of sentence of imprisonment of respondent Nos.2 to 4. Case of prosecution is that on 24.01.2012 at about 05.30 PM, when Chandrakant (PW-6) was proceeding towards his land via Pangaon ‘T’ point, respondent No.2-Devraj (A1) who along with respondent No.3-Ashish (A2) and respondent No.4-Balaji (A3) was standing near the mobile shop of one Prahlad Joshi, asked PW-6-Chandrakant why he obstructed respondent No.4-Balaji (A3) from spreading the rubble in his field and there was some exchange of words between them. In this quarrel, Devraj (A1) took out pistol from his waist and fired one shot at PW-6-Chandrakant on his chest. Hearing the sound, Suryakant (PW-7), Shivaji (PW-5) and others rushed to the spot. Accused Nos.2 and 3 were alleged to be holding stick and stone respectively in their hands. When Suryakant (PW-7) tried to intervene, accused No.1 fired a bullet from his pistol which hit on the left knee of PW-7. When Shivaji Phad (PW-5) tried to intervene, accused persons beat him with fists and kicked and also inflicted a knife blow on him causing him grievous hurt and then accused fled away. Injured PW-6 and PW-7 were taken to hospital and were given treatment. Suryakant (PW-7) lodged the complaint based on which FIR was registered under Section 307 read with Section 34 IPC, Sections 323 and 506 IPC. On completion of investigation, charge sheet was filed against the accused under Sections 307, 323 and 506 read with Section 34 IPC and under Section 4 read with Section 25 of the Arms Act. Later, charge under Section 4 read with Section 25 of the Arms Act was altered to Section 3 read with Section 25 of the Arms Act.

4. To prove the guilt of the accused, in the trial court the prosecution examined thirteen witnesses and produced number of documents. Relying upon the evidence of injured eye-witnesses Chandrakant (PW-6), Suryakant (PW-7) and eye-witness Ram Phad (PW-4) and also upon the medical evidence, the trial court vide judgment dated 23.12.2015 convicted accused Nos.1 to 3 under Section 307 IPC read with Section 34 IPC and sentenced each of them to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.15,000/- each with default clause. The trial court also convicted them under Section 323 read with Section 34 IPC and sentenced each of them to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- each with default clause. The trial court directed that out of the fine amount paid by the accused, Rs.20,000/- be given to injured Chandrakant (PW-6) and Suryakant (PW-7) each as compensation as per the provision of Section 357 Cr.P.C.

5. In the appeal filed before the High Court, the High Court affirmed the conviction of accused No.1-Devraj under Section 307 read with Section 34 IPC but reduced the sentence of imprisonment imposed upon him to five years. Additionally, the High Court directed accused No.1-Devraj to pay a fine of Rs.25,000/- with default c