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KULDEEP TIWARI
Vicky @ Bullet – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Kuldeep Tiwari, J.:- The instant statutory appeal has been directed against the judgment of conviction dated 15.9.2014 and the order of sentence of even date passed by the learned Additional Sessions Judge, Sangrur, in case FIR No. 298 dated 6.8.2011, under Sections 307/326/323/324/427/34 IPC, Police Station City Sangrur, whereby, the appellant was convicted for an offence punishable under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.7,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 6 months and was also convicted for an offence punishable under Section 427 IPC and sentenced to undergo rigorous imprisonment for a period of one year. Both the sentences were ordered to run concurrently.
2. The prosecution agency was set into motion upon receipt of a medical ruqa on dated 5.8.2011 regarding admission of one Sanjiv Kumar and Pardeep Kumar in an injured condition. In response to the ruqa, SI Sukhpal Singh alongwith other police officials reached at Civil Hospital, Sangrur to record the statements of injured, whereupon Pardeep Kumar @ Kali (present complainant)
The court upheld the conviction for attempted murder but reduced the sentence to the period already served, considering mitigating circumstances and a compromise between the parties.
The nature of injury is immaterial, and what is relevant is the nature of the weapon used to inflict the injury. Imposing appropriate sentences to protect society and deter criminals is crucial.
The credibility of witness testimony, corroboration of evidence, and the quality of evidence are crucial in determining guilt or innocence.
The judgment establishes that the intention of the accused and the circumstances of the act are pivotal in determining the offense under Section 307 I.P.C., and the nature of the injuries alone is no....
The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
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