MP HC Upholds Stick-Assault Convictions, Cuts Three Men’s Jail To Time Served And Raises Fine To ₹2,500 Each

The petitioners were prosecuted for stopping and assaulting Jaswant Singh with sticks on 8 May 2010, causing injuries.

The trial court acquitted them of offences under Sections 341, 294 and 506-B of the Indian Penal Code (IPC), but convicted them under Sections 325/34 IPC and sentenced each to six months’ simple imprisonment and a fine of ₹500; the appellate court affirmed the conviction and sentence.

In revision, petitioner No. 2’s death was verified and the revision was dismissed as abated as to him; the matter proceeded for petitioners Nos. 1, 3 and 4.

Their counsel did not challenge the conviction but sought reduction of imprisonment to the period already undergone, relying on the time elapsed since the incident, the petitioners’ 7–8 days of incarceration, and payment of the existing fine.

Sections 397 and 401 of the Code of Criminal Procedure, 1973 (CrPC), confer revisional jurisdiction; Sections 325/34 IPC provide for punishment for voluntarily causing grievous hurt in furtherance of common intention; and Section 357 CrPC permits a fine to be applied as compensation to the victim.

The Court applied a case-specific sentencing approach, modifying the custodial sentence and fine in light of the circumstances and the ends of justice.

The petitioners confined their challenge to sentence and expressly did not seek to contest their conviction. The Court therefore affirmed the conviction and focused on whether the custodial term should be modified.

Taking into account the circumstances of the case, the period already spent in custody and the submission that the petitioners had faced proceedings for more than 16 years, the Court considered it sufficient to reduce imprisonment to the period already undergone while increasing the fine from ₹500 to ₹2,500 each.

It directed that amounts already paid be credited toward the enhanced fine and that the fine be paid to the complainant as compensation under Section 357 CrPC.

For petitioners Nos. 1, 3 and 4, the Court affirmed the convictions under Sections 325/34 IPC but reduced their custodial sentences to the periods already undergone and enhanced the fine to ₹2,500 each, payable within two months.

Any fine already deposited was to be adjusted, and the amount collected was to be paid to the complainant as compensation.

On default, the sentence imposed by the courts below would apply. The revision was disposed of with this modification.