Doubts Over Injury Reports Lead Jharkhand HC To Convert Family-Feud Convict’s IPC 326 Conviction To 323 And Cut Sentence To Time Served

In brief

The question

Whether the evidence established Sanjay Mandal’s guilt under Section 326 IPC, or whether the conviction should be reduced to an offence under Section 323 IPC.

The court held

The Court converted Sanjay Mandal’s conviction under Section 326 IPC to one under Section 323 IPC and reduced his sentence to the period already undergone.

It also directed

It likewise reduced the sentences of the other appellants to the periods already undergone, without otherwise recording a change to their convictions.

Sanjay was directed to be released forthwith if not required in another case; the other appellants, whose provisional bail had been confirmed, were discharged from their bail bonds.

Both appeals were disposed of with those modifications.

01Facts

On 27 June 2018, a group assault occurred between related parties in Gopinathpur, Pakur.

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The prosecution alleged that the appellants assaulted members of the informant’s family with lathis, rods and stones; Sanjay Mandal was specifically alleged to have stabbed Sitanath Mandal.

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The Sessions Court convicted the appellants under Sections 147, 148, 323/149, 324/149, 325/149 and 341/149 IPC, and additionally convicted Sanjay under Section 326 IPC.

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On appeal, the appellants challenged, among other matters, the reliability of the injury reports and the basis for Sanjay’s conviction under Section 326 IPC.

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02Issues

i.Whether the evidence established Sanjay Mandal’s guilt under Section 326 IPC, or whether the conviction should be reduced to an offence under Section 323 IPC.

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ii.Whether the sentences imposed on Sanjay Mandal and the other appellants should be reduced to the period already undergone.

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03Law Applied

The Court considered Section 326 IPC, concerning voluntarily causing grievous hurt by dangerous weapons or means, and Section 323 IPC, concerning voluntarily causing hurt.

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The judgment applied no cited precedent or separately articulated legal test; its determination turned on the reliability of the medical evidence and its consistency with the oral testimony.

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Provisions in the judgment · 12 · Linked ones open on LawLens

Indian Penal Code, 1860 11 provisions

Section 143 Section 147 Section 148 Section 149 Section 307 Section 323 Section 324 Section 325 Section 326 Section 341 Section 504

Code of Criminal Procedure, 1973 Section 313

04Reasoning

The Court found the injury reports doubtful, noting the Investigating Officer’s evidence that they were obtained subsequently, the lack of X-ray reports, and the absence of records relating to treatment said to have occurred in Bhagalpur.

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It also found that the witnesses’ descriptions of the injuries were not corroborated by the medical evidence and that the parties had a dispute and had sustained injuries in a counter-case.

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On that record, the Court held that the evidence did not sustain Sanjay’s conviction under Section 326 IPC, but did establish an offence under Section 323 IPC.

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In view of the absence of aggravating circumstances and the parties’ ongoing litigation, it reduced the sentences to the periods already undergone.

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05Holding

The Court converted Sanjay Mandal’s conviction under Section 326 IPC to one under Section 323 IPC and reduced his sentence to the period already undergone.

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It likewise reduced the sentences of the other appellants to the periods already undergone, without otherwise recording a change to their convictions.

pp. 9–10

Sanjay was directed to be released forthwith if not required in another case; the other appellants, whose provisional bail had been confirmed, were discharged from their bail bonds.

p. 10

Both appeals were disposed of with those modifications.

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LawLens.Jharkhand High Court

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