Courts must ensure sentences are appropriate, just, and proportionate to the seriousness of offences; appellate courts can only interfere if compelling reasons justify such changes.

JUDGMENT :

R.T. VACHHANI, J.

1. The present appeal has been preferred by the State invoking the provisions of Section 418 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking enhancement of the sentence imposed by the learned Sessions Judge, Bharuch in Sessions Case No. 79/2015 and 37/2016 registered with Bharuch City B-Division Police Station for the offences punishable under Sections 307 , 324, 504 read with Section 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act and sentencing Accused Nos. 1 and 2 (respondent-accused) for the offence under Section 307 read with of the IPC to undergo 5 years rigorous imprisonment and a fine of Rs.10,000/- each, and in default of payment of fine, to further undergo 3 months simple imprisonment; for the offence under Section 324 read with of the to undergo 6 months rigorous imprisonment and a fine of Rs.2,000/- each, and in default of payment of fine, to further undergo 1 month simple imprisonment; and for the offence under Section 504 read with of the to undergo 3 months simple imprisonment and a fine of Rs.500/- each, and in default of payment of fine, to further undergo 15 days simple imprisonment, with all sentences to run concurrently.

2. The State has consciously confined the scope of the present appeal only to the issue of enhancement of sentence and has, therefore, refrained from making any submissions on the merits of the conviction recorded by the learned Sessions Court. In view of the limited scope of the present appeal, a detailed narration of the entire factual matrix is not warranted. However, for the purpose of appreciating the gravity of the offence and to effectively address the issue involved in the present appeal, the facts in brief, as emerging from the record, are required to be narrated.

3. As per the prosecution case, on 29.05.2015 at around 10:45 PM near Laxminagar, Accused Nos. 2 Minhajbhai Yakubbhai and 3 Rizwanaben stopped the Activa scooter of the complainant's nephew Shahebaz and abused him verbally. Shahebaz informed his mother Shabanaben, who confronted them. The accused abused and threatened her in response. Subsequently, the complainant (Sarfarazbhai Abdulbhai Patel), along with his mother, father, nephew Shahebaz, and Shabanaben, went to Bharuch City B-Division Police Station to lodge a complaint. In the police station compound, Accused No. 1 Soktabhai alias Fracture Maiyuddinbhai Sheikh, Accused No. 2 Minhajbhai Yakubbhai and Accused No. 3 Rizwanaben came running from outside. Accused No. 2 caught hold of the complainant, while Accused No. 1 slapped Shahebaz and, with intent to cause death or grievous hurt, struck the complainant with a chopper (chappu) on the chest, forehead, elbow, and left hand finger, causing serious injuries. He also struck the complainant's father on the left elbow with the chopper, causing injury. Accused No. 3 abused them verbally. The accused aided and abetted each other in committing the offences. A complaint was lodged, leading to registration of the FIR and, after investigation, charge sheet filing.

4. Pursuant thereto, investigation was carried out by the Investigating Agency and upon completion of investigation, charge sheets came to be filed against the accused before the learned Chief Judicial Magistrate, Bharuch, whereafter the cases were committed to the Sessions Court, Bharuch as Sessions Case Nos. 79/2015 and 37/2016. Upon conclusion of th