BISHAN SINGH AND ANR. versus TI-IE STATE

BISHAN SINGH AND ANR. versus TI-IE STATE

Conviction under Section 308 IPC not sustainable as only one injury was grievous and not on vital part of body; case falls under Sections 323 and 325 IPC. Sentence reduced to period undergone with fine imposed.

Parties
Appellant: Bishan Singh; Appellant: Govind Ballabh; Respondent: The State
Jurisdiction
India
Judgment Date
09 October 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal partly allowed; conviction under Section 308 IPC set aside; substantive sentence reduced to period undergone, fine imposed.
Legal Topics
Offences Under IPC Sections 147, 323, 325, 308/149, Sentencing, Culpable Homicide, Grievous and Simple Injuries
Criminal Law Offences Under IPC Sections 147, 323, 325, 308/149 Sentencing Culpable Homicide Grievous and Simple Injuries

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Parties

Bishan Singh

Appellant

Govind Ballabh

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the accused were guilty under Section 308 IPC
  2. 2 Appropriate sentencing for the injuries caused

Ratio Decidendi

Conviction under Section 308 IPC not sustainable as only one injury was grievous and not on vital part of body; case falls under Sections 323 and 325 IPC. Sentence reduced to period undergone with fine imposed.

Court Disposition

Appeal partly allowed; conviction under Section 308 IPC set aside; substantive sentence reduced to period undergone, fine imposed.

Orders

  • Substantive sentence reduced to period undergone.
  • Appellants to pay Rs. 15,000 each as fine, failing which to undergo simple imprisonment for one year each.