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2017 Supreme(SC) 1873
SUPREME COURT OF INDIA
S.A. Bobde, L. Nageswara Rao, JJ.
Holeyappa and Ors. - Appellants
Versus
Patel Ganapathi and Ors. - Respondents
Criminal Appeal No. 1810 of 2017 (Arising out of SLP (Crl) No.9617 of 2015)
Decided On : 24-10-2017
Advocate Appeared:
For the Petitioner: Mr. S.N. Bhat, AOR
For the Respondent: Mr. P.R. Ramasesh, AOR
Difficulty in attributing specific intention to cause a particular injury in the context of a fight between two groups resulting in injuries to both sides
Headnote:
Indian Penal Code - Section 324, 326, 506 read with Section 34 - Intention to cause specific injury
Fact of the Case:
The appellant and others were convicted for causing injuries to the respondents. The respondents had also been accused in a connected case for injuries caused by them.
Finding of the Court:
The court set aside the sentence of imprisonment awarded to the appellants and directed the amount deposited by the appellants to be paid to the respondents.
Issues: Conviction under Indian Penal Code sections, deposit of amount before the High Court, intention to cause specific injury
Ratio Decidendi: Difficulty in attributing specific intention to cause a particular injury in a fight between two groups resulting in injuries to both sides
Final Decision: The appeal was disposed of with the direction to pay the deposited amount to the respondents.
ORDER :
1. Leave granted.
2. This appeal arises out of cross cases. The appellant Holeyappa and others had been convicted under Section 324, 326, 506 read with Section 34 of the Indian Penal Code in respect of an incident where the respondents-complainants Patel Ganapathi and his companions were injured. One of the respondents suffered an injury in the skull.
3. The appellants had prosecuted the respondents, who were accused in the connected case for the inujuries caused by them. They had been convicted and had already undergone the sentence awarded to them. They had already undergone the sentence awarded to them.
4. In the present appeal, vide order dated 07.12.2015, the appellants who were accused and convicted for having caused injury to the respondents had been directed to deposit an amount of Rs.1,00,000/- (Rupees One lakh) before the High Court. Subject to such deposit notice was issued and order dated 02.11.2015 granting exemption from surrendering was directed to be continued.
5. The incident was of the year 2006. The parties who were related to each other had resumed normal life. The incident was a fight between two groups which resulted in injuries to both sides. Having regard to the incident as deposed to by the witnesses, it is difficult to attribute the specific intention to cause a particular injury.
6. In the circumstances, we consider it appropriate to set aside the sentence of imprisonment awarded to the appellants. The amount of Rs.1,00,000/-(Rupees One lakh) deposited by the appellants before the High Court pursuant to order dated 07.12.2015 shall be paid over to the respondents.
7. The appeal is disposed of in above terms.
