Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2373 OF 2010
| SURINDER SINGH | ..... APPELLANT |
|---|---|
| VERSUS | |
| STATE (UNION TERRITORY OF CHANDIGARH) | ..... RESPONDENT |
JUDGMENT
SURYA KANT, J.
Appellant–Surinder Singh has laid challenge to the judgement
th
dated 19 May 2010 of the High Court of Punjab & Haryana, whereby,
th
the order of his conviction and sentence dated 25 July 2006 passed
by Learned Additional Sessions Judge, Chandigarh was confirmed.
The Appellant has been convicted under Section 307 of the Indian
Penal Code, 1860 (hereinafter ‘IPC’) and Section 27 of the Arms Act,
1959 (hereinafter, ‘Arms Act’), and sentenced to rigorous
imprisonment of 3 years for both the offences, with a direction that
sentences will run concurrently.
FACTS:
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2021.11.26
16:17:25 IST
Reason:
th
2. The prosecution case in brief is that, on 10 July 1999, Mansur
Page | 1
Ali, Advocate (Complainant) was sitting at his residential office along
with his clerk Maler Singh (PW3), giving dictation to his steno,
R.K. Sood (PW4). At about 5:30 PM, the Appellant, who was then a
Head Constable in Chandigarh Police, entered the residential office of
the Complainant in an inebriated condition and stating that he was a
beat officer of the lane, asked for a glass of water. He thereafter sat
across the Complainant and after consuming the water served to him
by Balbir Singh (PW5), pulled out his service pistol and threatened
the Complainant by pointing the pistol at him and stated that
“there
are 10 bullets in this gun and I will kill 10 people today ”. Appellant also
asked the Complainant to stand and raise his hands. At the same
time, he directed Maler Singh and R.K. Sood to step outside the office,
to which they complied. In the meantime, the Appellant moved around
the table, towards the Complainant, pulled the lever and made himself
ready to fire. Sensing the seriousness of the situation, Complainant
lunged at the Appellant and pushed his hand towards the ceiling,
which resulted in the bullet, fired from the pistol, hitting the ceiling of
the office.
3. The Appellant then attempted to fire a second time, however, he
was unable to and in the said exercise a bullet fell from his pistol. By
that time, the ladies of the house had entered the office and raised a
holler. Panicstricken, Appellant rushed out of the office, leaving
Page | 2
behind his wireless set on the table of the Complainant and his
scooter outside the house. No injury was caused to the Complainant.
The incident was then reported to the police. Upon receiving the
information, about 1015 minutes later, police officials arrived at the
house of the Complainant and F.I.R. was lodged against the Appellant,
whereafter, the police officials sprang into action and the Appellant
was arrested by SI Ramesh Chand (PW6), who found the Appellant
near the Masjid of Sector 20A, with the pistol still in his hand.
Appellant was then taken for medical examination where he refused to
give his urine or blood samples.
4. The investigation ensued in light of the abovestated facts, and
upon collection of substantial evidence, the charge sheet was filed
against the Appellant. The case was committed to the Additional
Sessions Judge, Chandigarh, and charges under Section 307 IPC and
Section 27 of the Arms Act were framed. The Appellant abjured his
culpability and claimed trial.
In the eventual trial, a total of 14 witnesses were examined by
5.
the Prosecution and 3 witnesses were led by the Defense. The case of
the Prosecution relied heavily on the testimonies of the eyewitnesses
present at the site of the incidence, including the Complainant (PW2)
who in his deposition stood by the version of events as stated by him
Page | 3
in the F.I.R. The Complainant deposed candidly and admitted that had
the Appellant not come near him and shot while being seated, he
would not have been able to stop the Appellant. Complainant also
categorically stated that while moving towards him the Appellant
brought the pistol in firing mode by pulling the lever and aiming at his
face, which made him realize the gravity of the situation. Likewise,
R.K. Sood (PW4) corroborated the deposition of the Complainant and
stated that he witnessed the shot being fired by the Appellant through
the mesh wired door, while standing in the veranda, right outside the
office. Maler Singh (PW3), though denied having seen the shot being
fired, attested to the presence of the Appellant in a drunk state and to
have heard the shot having been fired while he was in the veranda
along with PW4.
6. Dr. Bidhi Chand (PW7), examined the Appellant at 7:20 PM on
the day of the incident, after his arrest by S.I. Ramesh Chand (PW6).
th
This witness acknowledged the MedicoLegal Report dated 10 July
1999 (Ex J MLR), and deposed that upon medical examination, the
Appellant was found under the influence of Alcohol.
7. The Statement of Mr. B. Badaniya (PW13) also bears some
importance. This witness in his examination before the Court, relying
on the Central Forensic Science Laboratory (in short ‘CFSL’) Report
Page | 4
(Ex. PW13/A), deposed that the empty cartridge found at the
residential office of the Complainant, upon forensic examination, was
proved to have been fired from the pistol used by the Appellant. In his
crossexamination, PW13 testified as to the manner in which
semiautomatic or semiloader guns, such as the weapon used by the
Appellant, function.
8. On the contrary, the Appellant raised a plea claiming an
alternate version of events under his Section 313 Cr.P.C. statement.
He claimed that he was on visiting terms with the Complainant and on
the day of the incidence, he was routinely visiting the house of the
Complainant. He kept the gun along with his wireless set on the table
and unbeknownst to him, the Complainant picked up the weapon and
accidentally fired. He further asserted that the Complainant had
lodged a false version of events to save himself of any criminal liability.
Mukesh Mittal (DW1) also supported the case of the Appellant,
claiming that the Complainant had himself told DW1 right after the
occurrence that he had accidentally fired from the weapon. The Trial
Court found the version of events contended by the Appellant dubious.
As far as DW1 is concerned, during his crossexamination, he was
unable to substantiate how or why he was present near the house of
the Appellant at the time of the event, and thereby failed to inspire
confidence.
Page | 5
9. Since there is no dispute regarding the presence of the Appellant
at the residential office of the Complainant at the time of the
incidence, or that the bullet was fired from his service pistol, the
pivotal question before the Trial Court was, whether the Appellant
fired the pistol, and, if so, was the weapon used with the intent to kill
the Complainant. The Trial Court observed that the prosecution
witnesses had, by and large, supported the prosecution version and
that no reason was adduced to depict why the Complainant would
want to falsely implicate the Appellant. Although the Trial Court noted
that there were some inconsistencies in the statements put forth by
the prosecution witnesses, however, the same were held to be minor
contradictions brought about naturally due to the passage of time. The
Court found version of the Defense to be “ a patch of lies and figment of
imagination ”, and rejected the same in its entirety.
As far as the charge under Section 27 of the Arms Act was
10.
concerned, the Trial Court observed that the Appellant had used his
service pistol without any prior permission and for an illegal purpose.
The act of firing by the Appellant was thus held to be in contravention
of Section 27 of the Arms Act. The Trial Court therefore convicted the
Appellant under Section 307 IPC and Section 27 of the Arms Act and
awarded a sentence of rigorous imprisonment for 3 years.
Page | 6
11. Discontented with his conviction, the Appellant preferred an
appeal before the High Court of Punjab & Haryana. The High Court
upon reappraisal of the evidence, sustained conviction and the
consequential sentence imposed by the Trial Court and dismissed the
appeal.
12. Aggrieved, the Appellant is now before this Court.
CONTENTIONS:
13. We have heard learned counsel(s) for the Appellant and the
RespondentState at a considerable length and perused the record
indepth. There are four principal contentions raised on behalf of the
Appellant. First , that there was an absence of ‘motive’ on behalf of the
Appellant to kill the Complainant. It is urged that, if either of the
versions are believed, at best, there were good relations between the
parties and at worst they were strangers, thus, the Appellant could
have no motive or desire to kill the Complainant. Second , there was an
absence of intent, which could not be imputed from the conduct of the
Appellant.
Third, doubts were sought to be created through reappreciation
14.
of evidence once again, including, by depicting that the statements of
the eyewitnesses suffered from material contradictions, fatal to the
case of the prosecution and also that PW3 to PW5 were interested
Page | 7
witnesses, they being employees of the Complainant. And, that as
against it, the version of the Appellant in his statement under Section
313 Cr.P.C. was the correct chronicle of events and was more probable
than the narrative of the prosecution. Fourth and finally , it was argued
that the conviction under Section 27 of the Arms Act was not
sustainable as the weapon used by the Appellant was licensed and
misuse of a licensed weapon is not a mischief under Section 5 of the
Arms Act.
15. Learned State Counsel, on the other hand, reminded us of the
scope of interference by this Court in a case of concurrent finding of
fact and canvassed that no substantial question of law is involved in
this appeal.
ANALYSIS:
16. Having given our thoughtful consideration to the rival
contentions, we find that the following two questions fall for
our consideration:
A. Whether the High Court erred in maintaining the conviction of
the Appellant under Section 307 IPC?
B. Whether conviction of the Appellant under Section 27 of the
Arms Act is sustainable?
17. It may be highlighted at the outset that although there are
Page | 8
spacious powers vested under Article 136 of the Constitution,
nevertheless, while imploring such powers in a criminal appeal by
special leave, this Court would ordinarily abstain from entering into a
fresh reappraisement of evidence and doubt the credibility of
witnesses when there is a concurrent finding of fact, save for certain
exceptional circumstances. Notwithstanding thereto and in the
interest of justice, we have endeavoured to peruse and discuss the
entire evidence on record to ascertain whether or not the concurrent
finding of conviction suffers from any perversity and/or whether the
conviction of the Appellant is legally and factually sustainable.
A. Whether the guilt of the Appellant under Section 307 IPC has
been proved beyond reasonable doubt?
18. Before we advert to the factual matrix or gauge the
trustworthiness of the witnesses, it will be beneficial to brace
ourselves of the caselaw qua the essential conditions, requisite for
bringing home a conviction under Section 307 IPC. In
State of
1
this Court, while
Madhya Pradesh vs. Saleem @ Chamaru & Anr. ,
reappreciating the true import of Section 307 IPC held as follows:
| “12. | To justify a conviction under this section, it is | |
|---|---|---|
| not essential that bodily injury capable of causing | ||
| death should have been inflicted. Although the | ||
| nature of injury actually caused may often give | ||
| considerable assistance in coming to a finding as to |
1
(2005) 5 SCC 554
Page | 9
| the intention of the accused, such intention may | ||
|---|---|---|
| also be deduced from other circumstances, and may | ||
| even, in some cases, be ascertained without any | ||
| reference at all to actual wounds. | The section makes a | |
| distinction between an act of the accused and its result, if | ||
| any. Such an act may not be attended by any result so far | ||
| as the person assaulted is concerned, but still there may | ||
| be cases in which the culprit would be liable under this | ||
| section. It is not necessary that the injury actually caused | ||
| to the victim of the assault should be sufficient under | ||
| ordinary circumstances to cause the death of the person | ||
| assaulted. What the court has to see is whether the act, | ||
| irrespective of its result, was done with the intention or | ||
| knowledge and under circumstances mentioned in the | ||
| section. An attempt in order to be criminal need not be the | ||
| penultimate act. It is sufficient in law, if there is present an | ||
| intent coupled with some overt act in execution thereof. |
13. It is sufficient to justify a conviction under
Section 307 if there is present an intent coupled
with some overt act in execution thereof. It is not
essential that bodily injury capable of causing death
should have been inflicted. The section makes a
distinction between the act of the accused and its
result, if any. The court has to see whether the act,
irrespective of its result, was done with the intention
or knowledge and under circumstances mentioned in
the section. Therefore, an accused charged under Section
307 IPC cannot be acquitted merely because the injuries
inflicted on the victim were in the nature of a simple hurt.”
(Emphasis Applied)
19. These very ingredients have been accentuated in some of the
2
later decisions, including in State of M.P. vs. Kashiram & Ors. ,
3
Jage Ram & Ors. vs. State of Haryana and State of M.P. vs.
4
.
Kanha @ Om Prakash
2
(2009) 4 SCC 26
3
(2015) 11 SCC 366
4
(2019) 3 SCC 605
Page | 10
20. It is by now a lucid dictum that for the purpose of constituting
an offence under Section 307 IPC, there are two ingredients that a
Court must consider, first , whether there was any intention or
knowledge on the part of accused to cause death of the victim, and,
second , such intent or knowledge was followed by some overt actus
rea in execution thereof, irrespective of the consequential result as to
whether or not any injury is inflicted upon the victim. The Courts may
deduce such intent from the conduct of the accused and surrounding
circumstances of the offence, including the nature of weapon used or
the nature of injury, if any. The manner in which occurrence took
place may enlighten more than the prudential escape of a victim. It is
thus not necessary that a victim shall have to suffer an injury
dangerous to his life, for attracting Section 307 IPC.
21. It would also be fruitful at this stage, to appraise whether the
requirement of ‘motive’ is indispensable for proving the charge of
attempt to murder under Section 307 IPC.
It is significant to note that ‘motive’ is distinct from ‘object and
22.
means’ which innervates or provokes an action. Unlike ‘intention’,
‘motive’ is not the yardstick of a crime. A lawful act with an ill motive
would not constitute an offence but it may not be true when an
unlawful act is committed with best of the motive. Unearthing ‘motive’
Page | 11
is akin to an exercise of manual brainmapping. At times, it becomes
herculean task to ascertain the traces of a ‘motive’.
23. This Court has time and again ruled:
| “that in case the prosecution is not able to discover | |
|---|---|
| an impelling motive, that could not reflect upon the | |
| credibility of a witness proved to be a reliable | |
| eyewitness. Evidence as to motive would, no doubt, | |
| go a long way in cases wholly dependent on | |
| circumstantial evidence. Such evidence would form | |
| one of the links in the chain of circumstantial | |
| evidence in such a case. But that would not be so in | |
| cases where there are eyewitnesses of credibility, | |
| though even in such cases if a motive is properly | |
| proved, such proof would strengthen the prosecution | |
| case and fortify the court in its ultimate conclusion. | |
| But that does not mean that if motive is not | |
| established, the evidence of an eyewitness is | |
| rendered untrustworthy.” |
| [ | See: | Shivaji Genu Mohite | v. | State of Maharashtra | 5 | and | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Bipin Kumar Mondal vs. State of West Bengal | 6 | ] |
We are thus of the considered opinion that whilst motive is
24.
infallibly a crucial factor, and is a substantial aid for evincing the
commission of an offence but the absence thereof is, however, not
such a quintessential component which can be construed as fatal to
the case of the prosecution, especially when all other factors point
towards the guilt of the accused and testaments of eyewitnesses to
the occurrence of a malfeasance are on record.
25. Applying these broad parameters to the facts and circumstances
| 5 (1973) 3 SCC 219<br>6 (2010) 12 SCC 91 | (1973) 3 SCC 219 | ||
|---|---|---|---|
| (2010) 12 SCC 91 |
Page | 12
of the case in hand, we find the plea raised by the Appellant devoid of
any merit. The prosecution no doubt has failed to attribute any motive
to the Appellant for yearning to kill the Complainant, however, as
noted above, the absence of motive alone cannot abjure the guilt of the
Appellant. We are one with the concurrent findings of the two Courts
that the conduct of the Appellant is sufficient to surmise that his
action was intended to eliminate the Complainant, and that his
conviction under Section 307 IPC is fully justified.
We say so for the following reasons:
26.
, neither the presence of the Appellant at the site of the
Firstly
episode, nor the fact that the bullet was fired through his service pistol
is disputed by the Appellant. Even otherwise, the CFSL Report dated
th
15 September 1999 (ExPW 13/A), prepared by Mr. B. Badaniya (PW
13) proves that the cartridge recovered from the office of the
Complainant was fired from the service pistol recovered from the
possession of the Appellant;
Secondly , the MedicoLegal Report (Ex. J MLR) and the testimony of
Dr. Bidhi Chand (PW7) corroborate with the ocular versions of the
Complainant (PW2), Maler Singh (PW3) and R.K. Sood (PW4), all of
whom have sworn in their respective depositions that the Appellant
was in an inebriated condition when he entered the residential office of
Page | 13
the Complainant;
Thirdly , both the Complainant and R.K. Sood (PW4) have
categorically testified to the effect that after consuming water, the
Appellant pulled out his pistol and aimed the same at the
Complainant, whereafter, he directed Maler Singh and R.K. Sood to
get out of the room;
Fourthly , we also bear in mind that the offending weapon was a semi
loader/semiautomatic pistol which was specifically pulled out of the
cover and aimed at the Complainant. Mr. B. Badaniya (PW13) in his
crossexamination has categorically stated that a semiautomatic
pistol must be brought into firing mode by pulling back the frame of
the weapon manually for the first time, to enable a bullet to be fired.
Further, both the Complainant and R.K. Sood (PW4) have
unequivocally asserted that the bullet was fired by the Appellant.
Fifthly, the version of the Complainant, that had he not interfered
and caught hold of the hand of the Appellant, the gun, which was
aimed onto his face would have unloaded the bullet, resulting in
unfortunate consequences carries weight; and
Sixthly and finally, the alternate version set up by the Appellant
looks to be incredulous that he took his loaded pistol out of the cover,
placed it on the table of the Complainant, and let him toy around with
Page | 14
it as the Complainant pleased. There is also nothing on record
to support that the Appellant made any attempt at all to bring his
version to the notice of his Superiors, as claimed by him in his
statement under Section 313 Cr.P.C.
27. Consequently, and for the reasons aforestated, we find that the
Trial Court and the High Court have unerringly convicted the
Appellant for the charge under Section 307 IPC.
B. Whether the Conviction of the Appellant under Section 27 of
the Arms Act is sustainable?
28. Adverting to the conviction of the Appellant under Section 27 of
the Arms Act, it appears to us that the Trial Court has erred in
arriving at his culpability. There is no gainsay that in order to prove a
charge under Section 27 of the Arms Act, the prosecution must
necessarily demonstrate contravention of either Section 5 or Section 7
of the Act. In the instant case, although not explicitly stated, it
appears that the Trial Court has held it to be a case of breach of
Section 5 of the Arms Act, which stipulates that no person shall use,
possess, manufacture, etc. any firearms, unless such person holds a
license in this behalf, and prescribes a minimum punishment of 3
years of imprisonment. The relevant extracts of unamended Sections 5
and 27 of the Arms Act which were in force at the relevant time, read
Page | 15
as follows:
“
5. Licence for manufacture, sale, etc., of arms and
. ― [(1)] No person shall—
ammunition
(a) use, manufacture, sell, transfer, convert, repair, test or
prove, or
(b) expose or offer for sale or transfer or have in his
possession for sale, transfer, conversion, repair, test or
proof,
any firearm or any other arms of such class or description
as may be prescribed or any ammunition, unless he holds
in this behalf a licence issued in accordance with the
provisions of this Act and the rules made thereunder.
[(2)] xxxx
27. Punishment for using arms, etc. ― (1) Whoever uses
any arms or ammunition in contravention of section 5 shall
be punishable with imprisonment for a term which shall
not be less than three years but which may extend to
seven years and shall also be liable to fine.
(2) Whoever uses any prohibited arms or prohibited
ammunition in contravention of section 7 shall be
punishable with imprisonment for a term which shall not
be less than seven years but which may extend to
imprisonment for life and shall also be liable to fine.
(3) Whoever uses any prohibited arms or prohibited
ammunition or does any act in contravention of section 7
and such use or act results in the death of any other
person, shall be punishable with death.”
29. True it is that prior to the amendment of Section 27 of the Arms
Act, vide Arms (Amendment) Act 1988, the said provision penalized
the use of any arms and ammunitions for any ‘unlawful purpose’.
However, post its amendment, Section 27 of the Arms Act is strictly
Page | 16
confined to violation of conditions mentioned either under Section 5 or
7 of the Arms Act and the ‘unlawful purpose’ of using arms and
ammunitions is no longer an inseparable component of the
delinquency.
30. The Appellant was admittedly a police official at the time of the
incidence and the arms and ammunitions used for the commission of
the offence, were placed in his possession under the sanction accorded
by the Competent Authority. The Appellant being in authorised
possession of the weapon, cannot be said to have used an unlicensed
weapon, as prohibited under Section 5 of the Arms Act. It appears that
the Trial Court was swayed by irrelevant considerations such as illegal
use of the weapon, and lost track of the objective of the Statute, which
has been enacted to provide a licensing/regulatory regime, to enable
lawabiding citizens to carry arms, and also to prohibit the possession,
acquisition, manufacture, etc. of certain categories of firearms, unless
authorized by the Central Government. In other words, illegal use of a
licensed or sanctioned weapon per se does not constitute an offence
under Section 27, without proving the misdemeanour under Section 5
or 7 of the Arms Act. At best, it could be a ‘misconduct’ under the
service rules, the determination of which was not the subject of the
trial.
Page | 17
31. In light of the aforestated discussion, we find that the order of
the Trial Court in convicting the Appellant or of the High Court in
maintaining such conviction under Section 27 of the Arms Act, is
unwarranted and unjust. Accordingly, the Appellant is acquitted of the
charge under Section 27 of the Arms Act.
Quantum of Sentence under Section 307 IPC
32. The equality of ratio between two sets of variables is now well
known as the doctrine of proportionality. The bedrock of sentencing
policy in our criminal justice system is also based on the axiom of
proportionality. This principle of commensurate sentencing treats
offenders as agents capable of evaluating their own illegal conduct and
the social censure associated with it, which is communicated to them
7
by imposing a proportionate sentence. The exercise for assessing
‘proportionality’ is thus dependent upon the gravity of the offence
which is determined according to (a) mischief caused or risk involved
in the offense; (b) the overall conduct of the offender and; (c) motives
ascribed to the felon. Further, the equality of treatment so as to
eliminate discriminatory practices in the award of sentencing, is
integral to the canons of proportionality. Needless to say, the
guarantee of evenhandedness before the law(s), as enshrined in
7
Andrew Ashworth, Sentencing and Criminal Justice (5th edition, Cambridge
University Press 2010)
Page | 18
Article 14 of our Constitution, encompasses the administration of
criminal justice system as well.
33. Having said that, we cannot be incognizant of the fact that there
are practical difficulties in achieving absolute consistency in regards
to sentencing. It must be candidly acknowledged that there is an
element of discretion present while adjudicating the issue of sentence,
however, the same cannot be exercised in an unprincipled manner.
This Court has explicitly ruled out the practice of awarding
disproportionate sentences, especially those that showcase undue
leniency, for it would undermine the public confidence in efficacy of
law.
34. The sentencing policy, therefore, keeps pace with changing time.
Undoubtedly, the primary emphasis while deciding the quantum of
sentence should lie on the gravity or penal value of the offense.
However, other guiding elements of rehabilitative justice model,
including, appreciation of grounds for mitigation of sentence also
deserve to be duly considered within the permissible limits of judicial
discretion. The awarding of just and proportionate sentence remains
the solemn duty of the Courts and they should not be swayed by non
relevant factors while deciding the quantum of sentence. Naturally,
what factors should be considered as ‘relevant’ or ‘nonrelevant’ will
Page | 19
depend on the facts and circumstances of each case, and no straight
jacket formula can be laid down for the same.
35. Adverting to the facts of the case, in hand, we are of the
considered view that at this stage, the sentence awarded to the
appellant is no longer in degree to the crime which he has committed.
Remitting the Appellant to the rigors of imprisonment at this juncture
of his life would not serve the ends of justice due to following
mitigating factors:
a. No motive or element of planning has been proved by the
Prosecution in the present case which indicates the possibility that
the offense could have been committed on impulse by the Appellant.
Hence, the culpability of the offender in such situations is less than
that which is ascribed in premeditated offenses as the commission
of planned illegal acts denotes an attack on societal values with
greater commitment and continuity in comparison to spontaneous
illegal acts.
b. Even though the factum of injury may not have a direct bearing on
a conviction under Section 307 IPC, the same may be considered by
a Court at the time of sentencing. No doubt, the offence committed
by the Appellant squarely falls within the four corners of Section
307 IPC, but fortunately neither the complainant nor any other
Page | 20
person was hurt by the untoward act of the Appellant.
c. Appellant has already undergone a sentence of 3 months and 19
days. Additionally, despite the occurrence taking place in 1999,
there is no indication that Appellant has been involved in any
untoward activity before or after the incident. This highlights the
Appellant’s good character and indicates that the incident can be
interpreted as an isolated lapse of judgment. Further, the
Appellant’s clean postincident behaviour suggests that he is
rational individual who is capable of responding to the social
censure associated with the offence. Hence, the passage of a long
time period coupled with a clean record, both before and after the
incident is definitely a factor that calls for mitigation of sentence.
d. Barring this particular incident wherein he was under the influence
of alcohol, the Appellant had an unblemished service record with
sixteen good citations in his favour. This indicates that he was a
valuable member of society than the present criminal incident might
lead one to assume. This is not to say that courts should draw up a
social balance sheet when sentencing, but only to take these
positive social contributions as a factor for mitigation of sentence.
e. Lastly, it is to be noted that the Appellant was suspended in the
year 1999 and has also been subsequently dismissed from service
Page | 21
in the year 2007. Hence, this should also be considered as a
reasonable factor for mitigation because the dismissal and the
consequent loss of social security benefits such as pension, also
construes as a form of social sanction.
CONCLUSION:
36. Consequently and for the aforestated reasons, the criminal
appeal is partly allowed. While the conviction and sentence awarded to
the Appellant under Section 27 of the Arms Act is set aside, his
conviction under Section 307 IPC is maintained. The sentence under
Section 307 IPC is however reduced to the period already undergone.
Since, Appellant is on bail, his bail bonds are discharged.
……………………….. CJI.
(N.V. RAMANA)
………..………………… J.
(SURYA KANT)
………..………………… J.
(A.S. BOPANNA)
NEW DELHI
DATED: 26.11.2021
Page | 22