SECTION 307 IPC WOULD NOT ATTRACT
7. In his statement, the injured appearing as PW-1 submitted that when Munna (PW 6) shouted for help, Kantilal (PW 8) and Radheyshyam (PW 9) came there and seeing them the accused ran away. However, Kantilal (PW 8) was declared hostile. The prosecution had produced another witness Radhey Shyam (PW 7). He was also declared hostile and did not support the prosecution version. Even the scissors which was seized by the police is small scissors which is used by tailors. With the aforesaid evidence on record and the kind of weapon used, in our view the offence will not fall within Section 307 I.P.C. From the reasons for fight as are emerging on record, it doesn’t seem to be pre-planned act. It, at the most, can fall within the four corners of Section 326 IPC as a sharp-edged weapon was used. The injuries were not caused with an intention to cause death and were not sufficient to cause death. Hence, in our view the conviction of the appellant with respect Section 307 IPC cannot be sustained however the offence under Section 326 IPC is made out. The conviction for other offences namely under Sections 341 IPC and 506B IPC are sustained.
REDUCTION OF SENTENCE
8. At the time of hearing, it was pointed out that the appellant had already undergone actual sentence of 11 months and 24 days. Considering the fact that the incident had taken place about 23/24 years ago, in our view the sentence awarded to the appellant deserves to be reduced to the period already undergone. The amount of fine imposed is sustained. In case of non-deposit of fine, the appellant shall undergo imprisonment for a period of one month.
PARTY: PANCHRAM Vs THE STATE OF CHHATTISGARH & ANR – CRIMINAL APPEAL NO. 1078 OF 2023 (Arising out of S.L.P.(Criminal) No.6116 of 2019) – 11th April, 2023
https://main.sci.gov.in/supremecourt/2019/18137/18137_2019_17_1508_43440_Judgement_11-Apr-2023.pdf
