Vinay & Ors. Vs. State of Karnataka & Anr.
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Head Note
Indian Penal Code,1860 - Section 326 , Section 34 , Section 427
Reduction of Sentence - Compensation - Appellants and the complainant-PW-1 are the real brothers and are children of PW-8 - Complainant party went to the house of the accused for removal of Almirah and certain personal belongings - There was animosity between two factions which led to attack and injuries on both sides - Nature of injuries on the person of complainant and the complainant party and the accused party suggested that both parties attacked each other and the appellants seem to have exceeded the right of private defence, if any - After the occurrence, more than thirteen years have passed, the complainant party and the accused are entangled in litigation - Considering the totality of facts and circumstances of the case and the relationship between the parties, interest of justice would be met by reducing the sentence and imposing fine - Conviction of the appellants under Section 326 IPC read with Section 34 IPC and Section 427 IPC read with Section 34 IPC confirmed - Sentence of imprisonment of three months imposed on them reduced to the period already undergone by each of them - Additionally, the fine of Rs.25,000/- is imposed on each of the appellants-accused and in default to undergo sentence of imprisonment of three months - Out of the fine amount to be deposited by the appellants-accused, the injured witnesses PWs 1, 3, 4 and 5 who sustained grievous injuries shall be paid compensation of Rs.17,500/- each and PW 2 who suffered simple injuries shall be paid compensation of Rs. 5,000/- - With the above modification, the appeal is allowed in part.
Topic(s)-Sentence reduced - Compensation allowed