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 fine of Rs.1000/- each has been confirmed, but the sentence of 10 years Rigorous Imprisonment has been reduced to 5 years Rigorous Imprisonment. (Para 3)
Accused No.2 is stated to have abused PW1 in filthy and obscene language and beaten him with force on his cheek by hand. The appellants 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. On hearing this alarm, PW2-Indirani (PW1’s mother) came to his rescue and at that time, the Accused No.5 attacked her with a cold drink bottle on her back, causing a simple injury. Meanwhile, the neighbours came to the scene of occurrence and tried to save PW1 and on seeing them, the Accused Nos.2 and 5 escaped in an auto-rickshaw. The appellants were caught by the villagers and were tied to a streetlamp post. Thereafter, they were produced before the respondent-police by the villagers. (Para 5)
Learned counsel submitted that in any view of the matter, there could have been some justification to proceed against the appellants under Sections 323 and 324 of the IPC but not under Section 307, IPC, as has been done. It was submitted that the two victims had sustained only simple injuries, whereas one victim-PW2 had complained that she had fallen upon being attacked on her back but she did not sustain any extraordinary injury and even that was found to be simple in nature. Likewise, the other victim PW1 sustained abrasion injuries on his right shoulder and left thumb which are simple in nature. (Para 6)
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is convinced that 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. (Para 10)
We are further inclined to accept the submissions of the learned counsel for the appellants that from the materials on record, only offences under Sections 323[‘323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by Section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.’] and 324[‘324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by Section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.’] of the IPC can be made out. As such, the conviction under Section 307, IPC is unsustainable. (Para 11)
The Impugned Judgment is varied only to the extent that the conviction of the appellants stands modified to that under Sections 323 and 324 of the IPC and the sentence imposed is also reduced to the period already undergone. (Para 12)
SUPREME COURT OF INDIA
2023 STPL(Web) 447 SC
Sivamani And Anr. Vs. State Represented By Inspector Of Police
Criminal appeal no. 3619 of 2023 (@ special leave petition (crl.) No.5136 of 2022)-Decided on 28-11-2023
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