Supreme CourtDivision Bench(2019) 12 SC CK 0164

Bhunu Turi vs State of Jharkhand & Ors

Supreme Court Of India · Decided on 5 December 2019

HON’BLE JUDGES
Rohinton Fali Nariman, J · Ashok Bhushan, J
RESULT
Disposed Of
CASE NUMBER
Review Petition (Criminal) No. 366 Of 2019 In Special Leave Petition (Criminal) No. 2328 Of 2018

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Judgment

6 paragraphs · 211 words

Nobody appears for the State of Jharkhand despite being served.

By our order dated 12.03.2018, we had dismissed the special leave petition qua Accused No. 1, which was filed from a judgment dated 11.08.2017 of the High Court of Jharkhand at Ranchi, by which all the three accused were convicted for attempt to murder under Section 307 of the Indian Penal Code, 1860, and were given a sentence of 3½ years each.

Subsequently, this Court, in a special leave petition filed by accused Nos. 2 and 3, by its order dated 04.05.2018, upheld the conviction but reduced the sentence of these accused to two years.

Having heard learned counsel for the petitioner and having regard to the fact that accused Nos. 2 and 3 actually injured PW 1 and 5 with a Tangi and a Sword respectively and the role of accused No. 2, the present petitioner was exhorting the other two accused to hit PW 1 and 5 after which he held PW 5, we are of the view that the same benefit qua sentence should go to the accused No. 1.

Accordingly, we review our order dated 12.03.2018 and while maintaining the conviction under Section 307 IPC, reduce the sentence to two years.

The review petition stands disposed of.