Full Judgment Text
Crl.A. No. of 2011 @ SLP(Crl) 2594 of 2011
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1453 OF 2011
ARISING OUT OF SLP(CRL) NO. 2594 OF 2011
RAM SINGH ..... APPELLANT
VERSUS
STATE OF MADHYA PRADESH ..... RESPONDENT
O R D E R
1. Leave granted.
2. We had issued noticed on the quantum of sentence
st
only on the 21 of April, 2011 in this matter where a
sentence of five years' rigorous imprisonment and a fine
has been awarded under Section 307 of the Indian Penal
Code.
3. Ms. Vibha Datta Makhija has put in appearance on
behalf of the State of Madhya Pradesh.
4. The injuries that had been caused by the appellant
are given herein below:
“(i) incised wound ½” X ¼” on right side
below abdomen (illiac cosa)
(ii) incised wound ¾” X ¼” muscle deep on
right middle palm.
(iii) incised wound 1” X ½” muscle deep
on right hand above 3” on wrist,
(iv) incised wound 1.5” X ¼” on left hand
thumb and middle in index finger.”
5. We see that injury No. 1 is the only injury which
Crl.A. No. of 2011 @ SLP(Crl) 2594 of 2011
2
could invite the applicability of Section 307 of the
Indian Penal Code. This too is an injury of very small
dimension. The other injuries are on the hand and are
simple in nature. The incident happened in the year 1993
and 18 years have elapsed since then. We, therefore,
feel that the sentence of five years awarded to the
appellant is somewhat excessive. We, partly allow this
appeal and reduce the sentence on the appellant from five
to two years rigorous imprisonment, the other parts of
the sentence being maintained as it is.
.....................J
[HARJIT SINGH BEDI]
.....................J
[GYAN SUDHA MISRA]
NEW DELHI
JULY 18, 2011.