“Sentence reduced to the period already undergone will meet the ends of the Justice”- Supreme Court [Read Judgment] 

On 26^th Aug 2020, the Supreme Court in the case of Karthick & Ors. v. the State represented by Inspector of Police comprising of Justice R. Subhash Reddy & Justice M.R Shah stated in its judgment that “Sentence reduced to the period already undergone will meet the ends of the Justice”.

Factual Background

Aggrieved and dissatisfied with the impugned Judgment and order passed by the high court of judicature at madras in criminal Revision case by which the High Court has dismissed the said revision application and has confirmed the judgment and order passed by the trial court convicting the appellant herein- original accused of the offences under Sections 147, 323, 325, 323 r/w 149 and 325 r/w 149 IPC.

Trial Court Judgment

The trial Court in its judgment stated that the, the maximum sentence to be undergone by the appellants/ accused in one year SI. Further the trial court also passed the order that out of the total amount of fine of Rs. 30,000/- by way of Compensation.

Accused Contentions and Submissions

The counsel appearing on the behalf of the accused stated that the accused have undergone a sentence of approximately six months. Further, the counsel submitted that there was a delay of 12 days on lodging the FIR that the injuries were very minor injuries and the PW 3 had a minor fracture on the finger; that the incident had occurred all of a sudden for plucking the Jamun and there was no intention to cause the injuries.

The counsel on behalf of the accused prayed before the Court to reduce the sentence to the period already undergone.

State Contentions and Submissions

The Counsel appearing on the behalf of the state opposed the prayer to reduce the sentence, further the stated vehemently submitted that as observed by the Learned Trial Court and the findings confirmed by the High Court, the injuries were grievous injuries and therefore no sympathy should be shown to the accused person.

Court findings and Judgment

The Court considering:

1. the facts and circumstances of the case;
2. the fact at the time of the incident;
3. the accused person was aged between 21 and 23 years;
4. the incident had taken place all of a sudden and the cause was plucking the blackberries..

By now, all the accused persons have undergone the sentence for approximately 6 months. The maximum sentence to be undergone as per the judgment and order passed by the learned Trial Court and confirmed by the High Court shall be for one year.

Therefore, the Supreme Court further stated that “if the sentence is reduced to the period already undergone and the compensation awarded to PW 2 who sustained injuries are further enhanced by Rs. 25,000/- it will meet the ends of Justice.”

The conviction of the accused of the offenses under Sections 147, 323, 325, 323 read with 149 and 325 read with 149 IPC is hereby confirmed.  However, the sentence imposed by the Trial Court and confirmed by the High Court is hereby modified and reduced to the period already undergone.

Read Judgment @Latestlaws.com