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SUBODH ABHYANKAR
Siyaram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Subodh Abhyankar J.
1. This judgment shall also govern the disposal of other connected appeals as all these three appeals have arisen out of the judgment dated 30.10.2017 passed in S.T. No. 880/2012 by VIIth A.S.J., Indore whereby finding the appellants guilty, the learned Judge of the trial Court has convicted them as under:-
| Conviction | Sentence | |||
| Section | Act | Imprisonment | Fine | Imprisonment in lieu of Fine |
| 307/34 | IPC | 7 years R.I. | Rs.2000/- | 4 months S.I. |
| 324/34 | IPC | 2 years R.I. | Rs.800/- | 40 days S.I. |
| 506 II | IPC | 4 months R.I. | Rs.300/- | 20 days S.I. |
2. At the outset, Counsels appearing for the appellants have submitted that they are not pressing the appeals on merits, however, looking to the period of incarceration of the appellants, seeking reduction in their jail sentence to the period already undergone by them. Shri Bipin Kumar Singh, Counsel for the appellant - Siyaram has also submitted that no overt act is attributed to him by the injured witnesses hence he cannot be convicted with the aide of s. 34 of IPC.
3. In Criminal Appeal No. 5
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 central legal point established in the judgment is the requirement to prove mens rea for the offence under Section 307 IPC and the interpretation of the nature of the injury in determining the ap....
The court emphasized the importance of considering the nature of injuries, the degree of criminality, and mitigating factors in determining an appropriate sentence.
Point of law: It is evident that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 I.P.C. The intention of the accused can be ascertained from the act....
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
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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