(A) Indian Penal Code, 1860 – Section 307, 326 – Attempt to murder – Conviction modified – Appeal against conviction – Appreciation of evidence – Held: Except the injuries sustained by the victim on his left hand wrist joint, he also received injuries on his face, the nature of injured parts of the body selected for causing injuries clearly suggest that the accused did not have the intention to cause death of the deceased. Conviction under attempt to murder set aside but conviction under section 326 maintained – Sentence modified to already undergone. (Para 26)
(B) Sentence – Reduced – Conviction u/s 326 IPC – Sppellant and he has also remained in custody for last 6 years. – offence is stated to have been committed about 10 years back and therefore, the accused appellant had been suffering from mental trauma and misery since last 10 years and with the efflux of time, he has also become 67 years of age. Therefore, instead of awarding the sentence of further imprisonment, it is just and fair to award the sentence of imprisonment for the term of a period already undergone by the appellant and as such, the impugned judgment of conviction and order of sentence is modified accordingly. (Para 27)
GAUHATI HIGH COURT
2023 STPL(Web) 42 Gauhati
[GAHC010054442017]
Sreeprasad Hazam Vs. State Of Assam
CRL.A(J) 109 of 2017-Decided on 14-8-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-42-Gauhati.pdf
