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Criminal · Reportable judgment

Abdul Jabbar vs The State of Haryana & Ors.

Court
Supreme Court of India
Date
5 February 2024
Case No.
Criminal Appeal No. 748 of 2024
Bench
Vikram Nath
Citation
[2024] 2 S.C.R. 162 : 2024 INSC 99
Acts & Sections
IPC
Supreme Court Reports [2024] 2 S.C.R. 162 : 2024 INSC 99
Issue for consideration
Matter pertains to conviction of the appellant for offences punishable u/s. 323/34 IPC and imposition of three months imprisonment, as also conviction u/s. 325/34 IPC and imposition of one year imprisonment with Rs 500/- fine which was modified to three months imprisonment with Rs 5000/- fine by the High Court.
Headnote

Sentence/Sentencing – Reduction of sentence – Conviction of the appellant for offences punishable u/s. 323/34 and u/s. 325/34 – Imposition of three months imprisonment and one year imprisonment with Rs 500/- fine respectively – High Court modified the sentence of one year imprisonment with Rs 500/- fine to three months imprisonment with Rs 5000/fine – Correctness: Held: Considering the totality of circumstances, that the appellant has undergone almost 1/3rd of his sentence and that the underlying incident occurred in 2010, the period of almost 13 years gone in the trial, the appellants’ sentence is reduced to the period already undergone, one month and three days – Impugned order modified – Penal Code, 1860 – s. 323/34 and s. 325/34. [Para 5, 6]

Keywords: Reduction of sentence · Modification of sentence

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. The decision of the High Court of Punjab & Haryana (the “High Court”) in Criminal Revision Petition bearing number CRR No. 3005 of 2013 is assailed before us. 3. The Appellant was prosecuted along with 3 (three) other persons for offences punishable under Section 452, Section 323 and Section 325 of the Indian Penal Code (the “IPC”). Thereafter, vide an order dated 22.04.2013, the Appellant came to be convicted by the Chief Judicial Magistrate, Nuh, Haryana (the “Trial Court”) in relation to offences punishable under (i) Section 323 read with Section 34; and (ii)
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