HM Journal

Circumstances when quantum of Sentence under IPC can be reduced.

Facts:

Appellant with a weapon stabbed respondent’s maternal uncle in his stomach with intent to kill him. Then a charge sheet was filed and the appellant faced trial under IPC Section 307 and Section 34. The learned trial judge held the appellant guilty. The high court also dismissed the appeal of appellant. Hence, this appeal.

Observation:

The record of the case elicits that the finding of both the Courts are concurrent and without any fault. The appellant has not been able to mount an effective challenge founded upon a question of law and the learned counsel has very fairly restricted his prayer qua reduction of sentence only which reveals from the order passed by this Court on 14th February, 2020.

Since, the parties came into an amicable settlement. However, the joint affidavit inspires confidence that the apology as tendered by the appellant has voluntarily been accepted given the efflux of time and is not a result of any coercion or inducement. Considering that they are residing in the same village and are peacefully residing after the uncalled-for incident has taken place, in our view, this appears to be a fit case for reduction of sentence.

Judgment:

Considering the overall facts on record and other mitigating factors and circumstances in which a crime has been committed including the nature of injury, period during which he remained under medical treatment, mental agony which the victim suffered and also the compromise entered into between the parties, while upholding conviction under Section 307 IPC, we deem it appropriate to reduce the quantum of sentence imposed on the appellant to five years rigorous imprisonment and to pay a fine of Rs. 10,000/­ and in default of payment of fine shall suffer further three months’ rigorous imprisonment. Ordered accordingly. Appeal partly allowed.

Link to the judgment:

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