After One Accused’s Single Head Blow Killed Complainant’s Mother, Gujarat HC Rejects State Bid To Raise 7-Year Sentences

Following an altercation over a motorcycle parked outside the complainant’s shop, the accused returned later with others and assaulted the complainant, his sister and his mother.

The mother sustained a head injury and died during treatment.

The Sessions Court convicted the respondents under Sections 299(c) read with 304 Part II, 323, 324, 143, 144, 147, 148 and 149 of the IPC, sentencing them to seven years’ rigorous imprisonment for the culpable-homicide offence, with additional sentences and fines for the other offences.

The State appealed under Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking enhancement on the ground that the sentences were inadequate.

The State invoked Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the basis for its enhancement appeal.

The convictions and sentences arose under the stated provisions of the Indian Penal Code, including Section 304 Part II, which permits imprisonment up to ten years, or fine, or both.

Relying on Bed Raj v. State of U.P., AIR 1955 SC 778, the Court reiterated that sentencing is a matter of judicial discretion; an appellate court should not enhance a sentence where discretion has been exercised along accepted judicial lines and substantial punishment has been imposed, unless the sentence is manifestly inadequate and strong reasons for interference are shown.

The trial court had imposed seven years’ rigorous imprisonment and considered the respondents’ young age, lack of criminal antecedents, the trivial origin of the incident, and the fact that the fatal injury resulted from a single blow.

It also considered that the offence proved was culpable homicide not amounting to murder, with knowledge but no intention to cause death.

The High Court found that the trial court had given adequate reasons and exercised its sentencing discretion judicially; the State had not established that the sentence was perverse, illegal or manifestly inadequate.

Applying Bed Raj, the Court therefore found no basis to enhance the sentence.

The State’s enhancement appeal was dismissed in limine, and the records and proceedings were directed to be returned to the concerned court.