Case Note & Summary
The State of Gujarat filed an appeal under Section 418 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking enhancement of the sentence imposed by the learned Sessions Judge, Bharuch in Sessions Case No. 79/2015 and 37/2016. The respondents (accused) were convicted for offences under Sections 307, 324, 504 read with Section 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act. The trial court sentenced them to 5 years rigorous imprisonment for the offence under Section 307 read with Section 114 IPC, along with fines and default sentences, with all sentences to run concurrently. The State confined its appeal solely to the issue of sentence enhancement, not challenging the conviction. The incident occurred on 29.05.2015 at around 10:45 PM near Laxminagar, where the accused stopped the complainant's nephew's scooter, abused him, and later assaulted the complainant's sister-in-law with a knife, causing injuries. The State argued that the sentence was inadequate given the gravity of the offence. The High Court examined the facts, including the nature of injuries (simple in nature), the absence of criminal antecedents of the accused, and the fact that the incident arose from a sudden quarrel. The Court held that the trial court had exercised its discretion judiciously and the sentence was not inadequate. The appeal was dismissed.
Headnote
A) Criminal Law - Sentence Enhancement - Adequacy of Sentence - Section 418 Bharatiya Nagrik Suraksha Sanhita, 2023, Section 307 Indian Penal Code, 1860 - State appealed for enhancement of sentence from 5 years RI to life imprisonment for attempt to murder - Court held that the sentence imposed by the trial court was not inadequate, considering the nature of injuries, absence of criminal antecedents, and the fact that the incident arose from a sudden quarrel - Held that the discretion exercised by the trial court was judicious and did not warrant interference (Paras 5-8).
Issue of Consideration
Whether the sentence of 5 years rigorous imprisonment imposed by the trial court for the offence under Section 307 read with Section 114 of the IPC is inadequate and requires enhancement.
Final Decision
The appeal is dismissed. The sentence imposed by the learned Sessions Judge, Bharuch is confirmed.
Law Points
- Sentence enhancement
- Adequacy of sentence
- Discretion of trial court
- Section 307 IPC
- Section 418 BNSS
Case Details
2026 LawText (GUJ) (02) 658
R/Criminal Appeal (For Enhancement) No. 210 of 2026
Ilesh J. Vora, R. T. Vachhani
Mr J K Shah, APP for the Appellant
Sokatbhai @ Facture Mayuddinbhai Shaikh & Anr.
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Nature of Litigation
Criminal appeal for enhancement of sentence
Remedy Sought
State sought enhancement of sentence imposed by trial court for offences under Sections 307, 324, 504 read with Section 114 IPC and Section 135 of Gujarat Police Act
Filing Reason
State considered the sentence of 5 years rigorous imprisonment for attempt to murder as inadequate
Previous Decisions
Trial court convicted accused and sentenced them to 5 years RI for Section 307 IPC, 6 months RI for Section 324 IPC, 3 months SI for Section 504 IPC, with fines and default sentences, all sentences to run concurrently
Issues
Whether the sentence of 5 years rigorous imprisonment imposed by the trial court for the offence under Section 307 read with Section 114 of the IPC is inadequate and requires enhancement.
Submissions/Arguments
State argued that the sentence was inadequate given the gravity of the offence and sought enhancement to life imprisonment.
Accused did not contest the appeal on merits but submitted that the sentence was adequate considering the nature of injuries and absence of criminal antecedents.
Ratio Decidendi
The trial court's discretion in sentencing should not be interfered with unless the sentence is manifestly inadequate or perverse. Considering the nature of injuries (simple), absence of criminal antecedents, and the incident arising from a sudden quarrel, the sentence of 5 years RI for Section 307 IPC was not inadequate.
Judgment Excerpts
The State has consciously confined the scope of the present appeal only to the issue of enhancement of sentence and has, therefore, refrained from making any submissions on the merits of the conviction recorded by the learned Sessions Court.
Considering the nature of injuries, the absence of criminal antecedents, and the fact that the incident arose out of a sudden quarrel, we are of the opinion that the sentence imposed by the learned trial court is not inadequate.
Procedural History
The trial court (Sessions Judge, Bharuch) convicted the accused in Sessions Case No. 79/2015 and 37/2016 and sentenced them. The State filed the present appeal under Section 418 of BNSS for enhancement of sentence.
Acts & Sections
- Bharatiya Nagrik Suraksha Sanhita, 2023: 418
- Indian Penal Code, 1860: 307, 324, 504, 114
- Gujarat Police Act: 135
