VidhiSangh

Supreme Court of India · 20/09/2021

BHAGWAN NARAYAN GAIKWAD versus THE STATE OF MAHARASHTRA AND ORS.

[2021] 9 S.C.R. 81 · 2021 INSC 503

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to reduce the five-year rigorous-imprisonment sentence for a brutal sword attack causing permanent loss of the victim’s arm and leg. Section 326 IPC was non-compoundable, and the Court was not satisfied with the late, stereotyped compromise affidavit. A genuine compromise could mitigate sentence in a suitable case, but could not alone displace assessment of aggravating and mitigating circumstances. The lifelong disability and seriousness of the attack outweighed the asserted reconciliation. The conviction and sentence remained undisturbed and the appeal was dismissed.

Issues

  1. Whether a post-conviction compromise justified compounding or reduction to time served for grievous hurt causing permanent disability.
  2. How compromise should be weighed alongside other sentencing considerations.

Provisions considered

Held

Result

Appeal dismissed; Section 326 conviction and the High Court’s sentence, fine and compensation directions left undisturbed. Compromise-based compounding or sentence reduction refused.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 81.