Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1180

VIKRAM NATH, AHSANUDDIN AMANULLAH
Sivamani – Appellant
Versus
State Represented By Inspector Of Police, Vellore Taluk Police Station, Vellore District – Respondent

Advocates appeared:
For the Petitioner(s): Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. R. Sudhakaran, Adv. Mr. T. Hari Hara Sudhan, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Ms. Shubhi Bhardwaj, Adv.

Judgement Key Points

Key Points: - The High Court’s appeal decision: conviction under Section 307, IPC requires that the injuries need not be life-threatening; only that there was an intention to kill, but the on-record injuries were simple and not causing life threat. (!) (!) - The Supreme Court held that non-conviction under Section 307 on the premise of mere simple injury is unsustainable and affirmed modification to Convictions under Sections 323 and 324, with sentence reduced to the period already undergone, while maintaining fine. (!) (!) - The injuries on PW1 and PW2 were found to be simple and not on vital parts, supporting a modification to Section 323 or 324 rather than 307. (!) (!) - The appellant argued lack of intent/plan to kill and absence of repeated blows; the State argued armed with knives implying intent to kill. The court weighed these assertions against the simple nature of injuries. (!) (!) - The final disposition: conviction changed from 307 to 323 and 324, with reduced sentence and maintained fine; bail bonds discharged. (!) (!)

How to determine whether conviction under Section 307, IPC can be sustained when injuries are simple and not life-threatening?

What is required to prove an offense under Section 307, IPC when the injuries are simple and not caused by repeated or severe blows?

What are the permissible modifications to a conviction and sentence where the evidence only supports offenses under Sections 323 and 324, IPC?

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The present appeal is directed against the Final Order and Judgment dated 06.08.2021 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Judicature at Madras (hereinafter referred to as the “High Court”) in Criminal Appeal No.228 of 2015, whereby the appeal filed by the appellants against their conviction by the Trial Court under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and imposition of fine of Rs.1000/-each has been confirmed, but the sentence of 10 years Rigorous Imprisonment has been reduced to 5 years Rigorous Imprisonment.

THE FACTUAL PRISM:

4. The appellants along with three others were named by the Complainant in First Information Report No.409/12 dated 15.09.2012 under Sections 294(b), 323, 324, 452 and 307 read with 109 of the IPC accusing them of a conspiracy to cause the death of the Complainant. Upon trial, the Accused Nos.1, 2 and 5 were acquitted and the appellants, who were Accused Nos.3 and 4 were convicted under Section 307, IPC and sentenced to 10 years’ Rigorous Imprisonment and fined Rs.1000/-each. The a

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2023 Supreme(SC) 1180

VIKRAM NATH, AHSANUDDIN AMANULLAHSivamani – AppellantVersusState Represented By Inspector Of Police, Vellore Taluk Police Station, Vellore District – Respondent

How to determine whether conviction under Section 307, IPC can be sustained when injuries are simple and not life-threatening?

What is required to prove an offense under Section 307, IPC when the injuries are simple and not caused by repeated or severe blows?

What are the permissible modifications to a conviction and sentence where the evidence only supports offenses under Sections 323 and 324, IPC?

Cases Referred (3)

VIKRAM NATH, AHSANUDDIN AMANULLAH
Sivamani – Appellant
Versus
State Represented By Inspector Of Police, Vellore Taluk Police Station, Vellore District – Respondent