Case Note & Summary
The appellant, Ashish alias Ashotosh Dharamraj Meheshkar, was convicted by the II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 for an offence under Section 324 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000, with default imprisonment of one month. The conviction arose from an incident on 23 January 2000, when the appellant, along with co-accused Jitendra, assaulted the complainant Vijay Pawar with a sharp edged weapon on the chest, causing a bleeding injury. The appellant and complainant were known to each other, and there was prior enmity over a kite-flying dispute during Sankrant festival in 1999. On the date of the incident, the complainant was sitting with friends when the appellant and Jitendra arrived on a Luna moped, abused the complainant, and assaulted him. Jitendra caught hold of the victim while the appellant dealt a blow with a sharp weapon. The complainant lodged a complaint at Civil Lines Police Station, Akola, leading to registration of Crime No. 47/2000 under Section 307 read with 34 IPC. The trial court convicted the appellant under Section 324 IPC, a lesser offence. The appellant appealed against the conviction and sentence. The High Court heard the appeal, with the appellant's counsel absent and the state represented by the Additional Public Prosecutor. The court perused the record and found that the medical evidence corroborated the injury, and the conviction was sustainable. However, considering that the appellant was young (20 years) at the time of the incident, had no criminal antecedents, the incident occurred in 2000, and the appeal was pending for 14 years, the court reduced the sentence to the period already undergone. The fine was maintained. The appeal was partly allowed.
Headnote
A) Criminal Law - Voluntarily Causing Hurt by Dangerous Weapon - Section 324 Indian Penal Code, 1860 - Conviction upheld - Appellant assaulted complainant with a sharp edged weapon on chest causing bleeding injury - Medical evidence corroborated - Conviction confirmed (Paras 3-5). B) Sentencing - Reduction of Sentence - Section 324 Indian Penal Code, 1860 - Sentence reduced to period already undergone - Appellant was young (20 years) at time of incident, no criminal antecedents, incident occurred in 2000, appeal pending for 14 years - Held that ends of justice would be met by reducing sentence to period already undergone (Para 6).
Issue of Consideration
Whether the conviction under Section 324 IPC is sustainable and whether the sentence of two years RI is appropriate.
Final Decision
Appeal partly allowed. Conviction under Section 324 IPC upheld. Sentence reduced to the period already undergone. Fine of Rs. 1000 maintained.
Law Points
- Voluntarily causing hurt by dangerous weapon
- Section 324 IPC
- reduction of sentence
- period already undergone
- young age
- no criminal antecedents
