MANJAPPA versus STATE OF KARNATAKA

MANJAPPA versus STATE OF KARNATAKA

Since the injuries were caused intentionally and not accidentally, provisions for probation (Section 360 Cr.P.C.) cannot be invoked. However, due to the passage of time and the short duration of custody already undergone, substantive sentence is reduced to that already undergone, and additional compensation is awarded.

Parties
Appellant: Manjappa; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
18 May 2007
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
Appeal partly allowed
Legal Topics
Causing Grievous Hurt, Probation of Offenders, Compensation to Injured, Sentencing
Criminal Law Causing Grievous Hurt Probation of Offenders Compensation to Injured Sentencing

Case Brief

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Parties

Manjappa

Appellant

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether conviction under Section 325 IPC is justified
  2. 2 Whether probation can be granted to the accused under Section 360 and 361 Cr.P.C.
  3. 3 Adequacy of sentence and compensation

Ratio Decidendi

Since the injuries were caused intentionally and not accidentally, provisions for probation (Section 360 Cr.P.C.) cannot be invoked. However, due to the passage of time and the short duration of custody already undergone, substantive sentence is reduced to that already undergone, and additional compensation is awarded.

Court Disposition

Appeal partly allowed

Orders

  • Sentence already undergone by appellant is held sufficient and adequate.
  • Appellant ordered to pay additional compensation of Rs. 10,000 to the victim within one month over and above fine and compensation ordered by lower courts.