Substantive Sentence for Section 324 IPC Commuted to Fine Due to Prolonged Trial and Clean Antecedents.

On October 9, 2008, the appellant assaulted the complainant, Gopal Seth, with a “Baka” (a sharp-edged weapon) during a festival confrontation

The trial court convicted the appellant under Section 324 of the Indian Penal Code (IPC) on March 31, 2011, sentencing him to one year of rigorous imprisonment and a fine of Rs. 1,000

The appellant filed this appeal challenging the conviction but later limited the prayer to the reduction of the sentence, citing that the incident occurred 18 years ago, the appellant had no criminal antecedents, and he had cooperated with the trial

1. Whether the conviction of the appellant under Section 324 of the IPC for voluntarily causing hurt by dangerous weapons is legally sustainable

2. Whether the substantive sentence of imprisonment can be substituted with an enhanced fine given the lapse of time and the nature of the offender

Section 324 of the IPC, which penalizes voluntarily causing hurt by instruments for stabbing or cutting with imprisonment of up to three years, or fine, or both

Section 395 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 357 of the CrPC), regarding the payment of compensation to the victim from the recovered fine

The court affirmed the conviction, noting that the trial court properly appreciated the evidence regarding the assault with a dangerous weapon

Regarding the sentence, the court observed that Section 324 of the IPC does not prescribe a mandatory minimum term of imprisonment

Considering the appellant’s age (50), his status as a first-time offender, his cooperative conduct, and the fact that the litigation had been pending for approximately 15 years, the court reasoned that the interests of justice would be better served by a fine rather than incarceration

The court determined that enhancing the fine and directing it to be paid as compensation to the victim was a sufficient alternative to the original custodial sentence

The court directed that the entire fine amount be paid to the complainant as compensation under Section 395 of the BNSS, 2023. Failure to deposit the enhanced fine within two months would result in the restoration of the original trial court sentence. The appeal was disposed of with the appellant’s bail bonds discharged