Sivamani and Anr. vs State Represented by Inspector of Police, Vellore Taluk Police Station, Vellore District

Court

Supreme Court of India

Date

28 November 2023

Case No.

Criminal Appeal No. 3619 of 2023

Result

Disposed

Bench

Vikram Nath, Ahsanuddin Amanullah

Citation

[2023] 14 S.C.R. 849 : 2023 INSC 1027

Issue for consideration

Victims sustained simple injuries. Whether Courts below were justified in convicting appellants u/s. 307 IPC. Penal Code, 1860 – ss. 323, 324 and 307 – Trial Court convicted appellants (accused Nos.3 and 4) u/s. 307, IPC and sentenced to 10 years’ rigorous imprisonment – High Court reduced the imprisonment from

Headnote

10 years to 5 years – Propriety:

Held: PW1 and accused no.1 had a dispute concerning a lane between their houses – A civil case regarding the same was also pending between them – Accused nos. 1, 2 and 5 along with appellants (accused Nos.3 and 4) reached the shop of PW-1 – Accused No.2 is stated to have abused PW1 and beaten him – The appellants (accused Nos.3 and 4) tried to attack PW1 with a knife, but PW1 escaped from their attack and caught hold of the appellants’ hands, as a result of which, sustained abrasion injuries on his right shoulder and left thumb – PW2 (PW1’s mother) was also injured – PW13 (doctor) found injuries to be simple in nature – Having considered the facts and circumstances of the case the impugned judgment of the High Court requires to be interfered with – Admittedly, there is no allegation of repeated or severe blows having been inflicted – Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour – From the materials available on record, only offences u/ss. 323 and 324 of the IPC can be made out – As such, the conviction u/s. 307, IPC is unsustainable. [Paras 5, 6, 9, 10, 11] LISTS OF CITATIONS AND OTHER REFERENCES

State of Madhya Pradesh v Saleem, (2005) 5 SCC 554: [2005] 1 Suppl. SCR 562; Jage Ram v State of Haryana, (2015) 11 SCC 366: [2015] 11 SCR 1004; State of Madhya Pradesh v Kanha, (2019) 3 SCC 605: [2019]

1 SCR 1074 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT AHSANUDDIN AMANULLAH, J. 1. Heard learned counsel for the parties. 2. Leave granted. 3. The present appeal is directed against the Final Order and Judgment dated 06.08.2021 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Judicature at Madras (hereinafter referred to as the “High Court”) in Criminal Appeal No.228 of 2015, whereby the appeal filed by the appellants against their conviction by the Trial Court under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and imposition of

View Subscription Plans →