Shri Krishan And Ors. vs State Of Uttar Pradesh
- SCC(2007) 15 SCC 557
Ratio decidendi
The rule this decision rests on
Where evidence establishes the presence and participation of accused persons in an incident of group violence, their conviction under Section 326 read with Section 149 IPC is warranted even if the trial court initially convicted them under Section 302 read with Section 149 IPC, provided the High Court has found the evidence supports conviction for causing grievous hurt rather than death. The sentence imposed by the High Court for such offence may be reduced by the appellate court on consideration of the minimal participation of the accused in the incident and their age, even where the conviction itself is upheld. Where sentences are imposed for offences under different sections arising from the same incident, they shall run concurrently rather than consecutively.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. The first additional sessions judge, Shahjahanpur convicted appellants herein and five others for offences punishable under Section 302 read with Section 149 IPC and imposed a sentence of life imprisonment. He also convicted the appellants under Section 148 IPC and sentenced them to undergo R.I. for one year.
2. On appeal, the High Court of judicature at Allahabad while convicting one of the accused, namely, A - 7 before the trial court guilty of offence punishable under Section 302, acquitted these accused of the said offence but found them guilty of offence punishable under Section 326 read with Section 149 IPC and sentenced them to undergo R.I. for six years and confirmed the sentence imposed on these appellants under Section 148 IPC by the sessions court.
3. During 'the pendency of the appeal before the High Court, three appellants therein, namely, A -1, A - 5 and A - 8 died, hence, their appeal stood abated.
4. The appeal filed by A - 7 before this Court came to be dismissed by this Court and his conviction and sentence under Section 302 IPC stood confirmed.
5. We have heard learned counsel for the parties and perused the record. We do not find any ground to interfere with the conviction imposed by the High Court on these appellants under Section 326 read with Sections 148 and 149 IPC. Since, we agree with the courts below that the presence of these accused and their participation in the incident has been established by the evidence of the prosecution, hence, we confirm the conviction of these appellants as imposed by the High Court.
6. However, taking note of the fact that the participation of these appellants is minimal in the incident in question and also taking into consideration the age of the appellants, we are of the considered opinion that the sentence of six years imposed on the appellants should be reduced to two years R.I.
7. In the said view of the matter, we allow this appeal partly. While upholding the conviction of the appellants under Section 326 read with Section 149 as also under Section 148 IPC, we reduce the sentence to a period of two years R.I. for offence under Section 326 read with Section 149 and one year R. I. for offence under Section 148 and direct that the sentence shall run concurrently.
8. With the above modification, the appeal stands disposed of and the appellants shall be entitled to remission of the sentence already undergone.
9. If the appellants have not served the sentence as imposed by us hereinabove, they shall surrender to the bail and serve remaining sentence.
10. The appeal is partly allowed.
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