Maqsood & Ors. Vs. State of U.P.
|
Head Note
Indian Penal Code,1860 - Section 304
Section 304 Part II - Conviction - Sentence - Enhancement of Sentence - Prayer for -Plea that the accused respondent had undergone custody for a period of about 2 ½ years and as the maximum sentence imposable under Section 304 Part II is 10 years the sentence awarded in the present case i.e. already undergone is grossly inadequate - Incident had occurred in the year 1997 and that death had occurred in the course of a mutual fight - Party of the complainant had also been tried for injuries caused to some of the present accused and have been found guilty and convicted under Section 325 IPC which conviction and the sentence imposed (One year RI) has been challenged in the connected appeal and upheld - Taking into account all the said facts and the long efflux of time that has occurred no interference with the sentence imposed by the High Court would be justified.
Indian Penal Code,1860 - Section 325 , The Code of Criminal Procedure, 1973 - Section 320 , Section 360
Conviction - Compounding of Offence - Compensation - Medical evidence on record shows that P.W.2, had suffered a fracture injury which would bring the same within the expression "grievous hurt" as appearing in Section 320 of the IPC - Punishment for the said offence would therefore be covered by Section 325 IPC which contemplates a period of imprisonment upto 7 years alongwith fine - Punishment of imprisonment of one year imposed by the High Court held to be lenient enough and will not justify interference - Injured (P.W.2) and (P.W.1) are not willing to compound the offence in question - Held that the present case is devoid of any special circumstance which would justify invocation of the provisions of Section 320 or the release of accused appellants on probation by invoking the provisions of Section 360 Cr. P.C.
Topic(s)-Compounding of Offence - Grievous Injury - No reason for Probation