Case Note & Summary
The case involved an appeal by the appellant against the conviction upheld by the High Court of Judicature at Bombay for an offence under Section 307 of the Indian Penal Code, resulting in a ten-year sentence. The prosecution's case stemmed from an incident on 11th May 2016, where the appellant, along with associates, allegedly stabbed the complainant's uncle, Chintaman Dange, during a public procession. Following the trial, the appellant was convicted and sentenced by the trial court on 23rd February 2018. The appellant's appeal to the High Court was dismissed on 4th January 2019, prompting the current appeal. The Supreme Court noted that both lower courts' findings were concurrent and without fault. However, the appellant sought a reduction of sentence, which was supported by a joint affidavit from the appellant's wife and the victim, indicating a peaceful resolution of their disputes. The court acknowledged the amicable settlement and the victim's acceptance of the appellant's apology, referencing previous judgments that allowed for sentence reductions in non-compoundable offences under similar circumstances. Ultimately, the Supreme Court decided to reduce the appellant's sentence to five years of rigorous imprisonment while upholding the conviction under Section 307 IPC, reflecting a sympathetic view based on the parties' reconciliation and the nature of the incident.
Headnote
A) Criminal Law - Reduction of Sentence - Amicable Settlement - Section 307 Indian Penal Code, 1860 - The court considered the mutual settlement between the parties and the acceptance of the appellant's apology by the victim, leading to a decision to reduce the sentence from ten years to five years of rigorous imprisonment. The court emphasized the absence of coercion in the settlement and the peaceful coexistence of the parties post-incident. Held that the circumstances warranted a sympathetic view towards the appellant (Paras 12-14).
Issue of Consideration
Whether the sentence imposed under Section 307 IPC should be reduced based on subsequent amicable settlement between the parties.
Final Decision
The Supreme Court upheld the conviction under Section 307 IPC but reduced the sentence to five years of rigorous imprisonment and a fine of Rs. 10,000, with a default of three months' rigorous imprisonment.
Law Points
- Reduction of sentence
- amicable settlement
- non-compoundable offences
- Section 307 IPC
- judicial discretion
