Full Judgment Text
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NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICITON
CRIMINAL APPEAL NO.543 OF 2020
[Arising out of SLP (Criminal) No. 2040 of 2020]
Karthick & Ors. .. Appellants
Versus
The State represented by Inspector of Police,
Kancheepuram District, Tamil Nadu .. Respondent
J U D G M E N T
M. R. Shah, J.
Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 24.04.2019 passed by the High Court of
Judicature at Madras in Criminal Revision Case No. 118 of 2012 by
which the High Court has dismissed the said revision application
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.08.26
14:48:27 IST
Reason:
and has confirmed the judgment and order passed by the learned
Trial Court convicting the appellant herein – original accused for
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the offences under Sections 147, 323, 325, 323 read with 149 and
325 read with 149 IPC, the original accused have preferred the
present appeal.
3. At the outset, it is required to be noted that vide order dated
24.02.2020 this Court found no ground to interfere with the
judgment of conviction. However, it was ordered to issue notice
only on quantum of sentence. Therefore, now the quantum of
sentence only is required to be considered by this Court.
4. As per the judgment and order passed by the learned Trial
Court, the maximum sentence to be undergone by the appellants
accused is one year S.I. The learned Trial Court also passed the
order that out of the total amount of fine of Rs.30,000/,
Rs.10,000/ is to be given to the grievously injured person–
Saravanan (P.W.3) by way of compensation.
5. Learned counsel appearing on behalf of the accused has stated
that, by now, the accused have undergone sentence of
approximately six months. It is submitted that there was a delay of
12 days in lodging the FIR; that the injuries were very minor
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injuries and P.W.3 had a minor fracture on the finger; that the
incident had occurred all of a sudden for plucking the Jamun and
there was no intention to cause the injuries. Therefore, it is prayed
to reduce the sentence to the period already undergone.
6. Learned counsel appearing on behalf of the State, while
opposing the prayer to reduce the sentence, has vehemently
submitted that as observed by the learned Trial Court and the
findings confirmed by the High Court, the injuries were grievous
injuries and therefore no sympathy should be shown to the accused
persons.
7. Having heard the learned counsel appearing on behalf of the
respective parties and, in the facts and circumstances of the case,
more particularly, considering the fact that at the time of incident,
the accused persons were aged between 21 and 23 years and the
incident had taken place all of a sudden and the cause was
plucking the Blackberries (Jamuns). P.W.3, as per the medical
evidence, sustained a fracture on the finger and other suffered light
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injuries. By now, all the accused persons have undergone the
sentence for approximately six months. The maximum sentence to
be undergone as per the judgment and order passed by the learned
Trial Court and confirmed by the High Court shall be for one year
S.I. Therefore, if the sentence is reduced to the period already
undergone and the compensation awarded to P.W.3 who sustained
grievous injuries is further enhanced by Rs.25,000/, it will meet
the ends of justice.
8. In view of the above and for the reasons stated above, the
present appeal is allowed in part. The conviction of the accused for
the offences under Sections 147, 323, 325, 323 read with 149 and
325 read with 149 IPC is hereby confirmed. However, the sentence
imposed by the learned Trial Court and confirmed by the High
Court is hereby modified and reduced to the period already
undergone and the amount of compensation to be paid to P.W.3–
Sarvanan is further enhanced by Rs.25,000/ and the same shall
be paid to P.W.3 within a period of six weeks from today. The
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learned Trial Court is directed to ensure that the enhanced amount
of compensation i.e. Rs.25,000/ is paid to P.W.3–Saravanan by the
accused persons as per the present order.
…………………………….J.
[R. SUBHASH REDDY]
…………………………..J.
[M. R. SHAH]
New Delhi;
August 26, 2020