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Indian Penal Code, Sections 323 r/w 34 and 324 r/w 34 - The occurrence had taken place at the spur of the moment without premeditation - It cannot be said that the appellants had any common intention to kill or knowledge that death was likely to ensue - The appellants only intended to vent their ire against their neighbour for having assaulted their bullocks - Having been better equipped with an iron rod and a knife, there was no occasion for them to scamper away when confronted by the others especially when PW­1 was an old man aged about 61 years -  If there existed no common intention each appellant was liable for his own individual acts as observed in Darshan Singh and others  vs.  State  of  Punjab,  2009 (16)  SCC  290. ...(2018)2 SCeJ 1372

 

JUDGEMENT FOR TRIAL USERS

Indian Penal Code, Sections 325 and 323 – High Court reduced the sentence from 3 years’ rigorous imprisonment for the offences under Section 325, IPC and 6 months’ rigorous imprisonment under Section 323, IPC to the period already undergone of 6 days – Fight emanating from due to old enmity relating to a land dispute causing grievous injuries  -  Accused had filed appeal questioning his conviction and sentence before the High Court, but during the course of arguments he did not press the appeal filed against the judgment of conviction, praying only for reduction of sentence -  High Court accepting such request reduced the sentence to the period already undergone of 6 days - Trial Court and the High Court have taken a lenient view by convicting the accused for offences under Sections 325 and 323, IPC - Absolutely no reasons, much less valid reasons, are assigned by the High Court to impose the meagre sentence of 6 days - Such imposition of sentence by the High Court shocks the judicial conscience of this Court - It is brought to our notice that the parties have forgotten their differences and are living peacefully since 25 years, we impose a sentence of 6 months’ rigorous imprisonment and a fine of Rs. 25,000/- against the accused -  While doing so, we have taken into consideration the aggravating as well as mitigating factors under the facts of this case.  (2018)2 SCeJ 1283

 

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