Supreme CourtDivision Bench(2000) 01 SC CK 0145

Kuppan and Others vs State of Tamil Nadu

Supreme Court Of India · Decided on 24 January 2000 · Citation: (2001) 1 ACR 322 : AIR 2000 SC 3510 : (2000) AIRSCW 2642 : (2000) CriLJ 3503 : (2000) 5 JT 169

HON’BLE JUDGES
K. T. Thomas, J · A. P. Misra, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 82 of 2000 (Arising out of SLP (Criminal) No. 2520 of 1999)

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Judgment

4 paragraphs · 230 words
1.

Leave granted.

2.

In this case three appellants have been convicted and sentenced to different terms of imprisonment of offences under Sections 326, 324 and 452 of the Indian Penal Code. In appeal the conviction and sentences were confirmed but in revision the sentence was reduced to imprisonment for a period of one and a half years for the first accused u/s 326 mainly. For the third accused the same period of imprisonment was awarded for the offence u/s 324, I.P.C. Second accused was sentenced only to pay a fine of Rs. 1,500/-.

3.

The grievous hurt was inflicted on the head of the injured and that is attributed to the first accused. We are not inclined to disturb the sentence imposed by the High Court on the first accused. Even regarding second accused (she is sentenced to fine alone) there is no reason to interfere with the sentence. But the sentence as for the third accused who is the son of A. 1 and A. 2 appears to be excessive as he is convicted only u/s 324, I.P.C. besides Section 341. We, therefore, reduce the sentence imposed on the third accused for the offence u/s 324, I.P.C. to the period already undergone. In other words he shall be set at liberty. The fine portion of the sentence is also deleted as for A.3.

4.

The Appeal disposed of.