RAM SINGH v. STATE OF M.P. [2011] INSC 901 (18 July 2011)

Judgement

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1453 OF 2011 ARISING OUT OF SLP(CRL) NO. 2594 OF 2011

RAM SINGH ..... APPELLANT

VERSUS

STATE OF M.P

O R D E R

1. Leave granted.

2. We had issued noticed on the quantum of sentence only on the 21st of April, 2011 in this matter where a sentence of five years' rigorous imprisonment and a fine has been awarded under Section 307 of the Indian Penal Code.

3. Ms. Vibha Datta Makhija has put in appearance on behalf of the State of Madhya Pradesh.

4. The injuries that had been caused by the appellant are given herein below:

"(i) incised wound =" X <" on right side below abdomen (illiac cosa) (ii) incised wound >" X <" muscle deep on right middle palm.

(iii) incised wound 1" X =" muscle deep on right hand above 3" on wrist, (iv) incised wound 1.5" X <" on left hand thumb and middle in index finger."

5. We see that injury No. 1 is the only injury which Crl.A. No. of 2011 @ SLP(Crl) 2594 of 2011 2 could invite the applicability of Section 307 of the Indian Penal Code. This too is an injury of very small dimension. The other injuries are on the hand and are simple in nature. The incident happened in the year 1993 and 18 years have elapsed since then. We, therefore, feel that the sentence of five years awarded to the appellant is somewhat excessive. We, partly allow this appeal and reduce the sentence on the appellant from five to two years rigorous imprisonment, the other parts of the sentence being maintained as it is.

.....................J

[HARJIT SINGH BEDI]

.....................J

[GYAN SUDHA MISRA]

NEW DELHI JULY 18, 2011.