MP HC Upholds Attempt-to-Murder Conviction, Cuts Jail Term To Time Served, Raises Fine To ₹11,000 And Orders Release If Not Required In Another Case

The appellant was convicted by the I Additional Sessions Judge, Damoh, under Sections 323 and 307 of the Indian Penal Code (IPC), and sentenced to pay fines of ₹500 and ₹1,000 respectively, with five years’ rigorous imprisonment imposed for the Section 307 offence

The prosecution alleged that, on 1 April 2023, the appellant assaulted Tammu Seeng with a lathi and struck Guddi Bai with a sickle when she intervened; charges had also been framed under Sections 506 and 34 IPC

On appeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, or Section 374(2) of the Code of Criminal Procedure, 1973, the appellant did not contest his convictions and sought reduction of sentence, relying on the period already spent in custody and the absence of any fracture to Guddi Bai

The State opposed the appeal

The appeal was considered under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, or Section 374(2) of the Code of Criminal Procedure, 1973, which provides the appellate route for challenging a conviction and sentence

The convictions were under Sections 323 and 307 IPC, concerning voluntarily causing hurt and attempt to murder respectively

The Court stated that it remained under a legal obligation to scrutinise the correctness of the convictions even though the appellant confined his submissions to sentence

No precedent or more specific sentencing principle was cited; the Court assessed the appropriate sentence by reference to the circumstances and the period of incarceration already undergone

The Court independently reviewed the trial judgment and evidence, finding that the prosecution case was corroborated by witness testimony and other record material, and that the trial court’s findings were reasoned and free from perversity or illegality

It therefore upheld both convictions.

On sentence, it considered the appellant’s submissions regarding the period of custody and the absence of a fracture to Guddi Bai, and concluded that the ends of justice would be met by reducing imprisonment to the period already undergone while enhancing the fines

The imprisonment was reduced to the period already undergone; the fine under Section 323 IPC was increased from ₹500 to ₹1,000 and the fine under Section 307 IPC from ₹1,000 to ₹10,000, for a total fine of ₹11,000

The appellant was directed to pay the enhanced fine within two months of release, with any amount already paid to be adjusted; failure to pay would require him to surrender to serve the trial court’s default sentence

He was ordered released forthwith in this case if not required in any other case, and the trial court and jail authorities were directed to act accordingly