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IPC, Section 325, 326  - Appellant working as a teacher had assaulted, a second standard student, with wooden stick for not wearing uniform shoes resulting in injury to the left eye of the said student - There was loss of eye-sight on the left eye -  There is no material to show that the stick that was wielded by the appellant was a dangerous weapon hence conviction of the appellant under Section 326 may not be warranted; but the offence would fall under Section 325 IPC, “voluntarily causing grievous hurt”  - Occurrence of 1996, keeping in view the passage of time and in the facts and circumstances of the present case, the sentence of imprisonment is reduced to one year with additional fine of Rs.50,000/- . (2018)2 SCeJ 1418


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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