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Criminal · Reportable judgment

Naresh & Ors. vs The State of Uttarakhand & Ors.

Court
Supreme Court of India
Date
25 April 2018
Case No.
Criminal Appeal Nos. 394-395 of 2018
Result
Disposed
Bench
R.K. Agrawal, Abhay Manohar Sapre
Citation
[2018] 3 S.C.R. 940 : 2018 INSC 417
Supreme Court Reports [2018] 3 S.C.R. 940 : 2018 INSC 417
Headnote

Penal Code, 1860 – ss.307/34, 323/34, 324/34 and 504 – Four accused – Prosecution case was that the accused persons attacked the victim with axe and caused injuries to him on his body – The injuries were abrasion, contusion and one lacerated wound – Sessions court acquitted all the accused – However, High Court set aside acquittal and ordered conviction – Appeal against conviction – Held: In view of finding of facts, interference with the order of High Court is not called for in case of accused no.1, 3 and 4 – However, sentence awarded by High Court is reduced to what they have already undergone for the reason that the appellants were first offender, the injuries inflicted on the victim were not serious in nature and victim survived leaving no disability due to causing of the injuries – The fine of Rs.7000 awarded by High Court is enhanced to Rs.75000 – In case of appellant no.2, role attributed to him was not established beyond reasonable doubt and, therefore, he is acquitted of charges leveled against him. Disposing of the appeals, the Court

HELD: So far as the involvement of appellant Nos.1, 3 and 4, in commission of offence in question, is concerned, no case for interference is made out on findings of fact. As regards the sentence of appellant Nos.1, 3 and 4, their respective jail sentences awarded by the High Court are modified and reduced to what they have already undergone and the fine amount awarded by the High Court enhanced from Rs.7000/- to Rs.75,000/- to each appellant for the following reasons. First, the incident is of 1998. In other words, it is now almost 20 years have passed that this litigation is pending in various Courts. Second, there were seven injuries noticed by the doctor on the body of injured but the injuries noticed were not very serious in nature. Third, the victim survived leaving no disability much less permanent on his body due to causing of the injuries and lived for twenty years after the date of alleged incident and died recently. Fourth, appellant Nos.1, 3 and 4 have undergone almost one year of jail sentence including remission out of the total jail sentence awarded by the High Court. Fifth, the appellants were first offender and were not found involved in any criminal activity in the last 20 years, though remained on bail throughout. [Paras 14-21][944-FH; 945-A-D]

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

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. Criminal Appeal Nos.394-395 of 2018 1. These appeals are filed by the accused persons against the common final judgment and order dated 10.07.2017/17.07.2017 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.91 of 2011 (filed by the complainant) and Government Appeal No.42 of 2011 whereby the High Court allowed the appeals of the State and the Complainant and set aside the order dated 16.03.2011 passed by the Additional Judge, Haridwar in Sessions Trial Nos.286 of 1999 and found the accused persons, N
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