Summary
On an appeal confined to sentence, the Court upheld life imprisonment under Section 307 read with Section 34 IPC for a coordinated armed attack causing a grievous head injury. The victim’s survival did not restrict punishment to ten years because hurt had been caused, attracting the second part of Section 307. The manner, weapons, intention and injuries justified the sentencing discretion exercised below.
Issues
- Whether survival of the injured victim precluded life imprisonment under Section 307.
- Whether the proved circumstances warranted reduction of sentence.
Provisions considered
- Section 307, Indian Penal Code, 1860The reproduced provision permitted life imprisonment where hurt was caused by an act meeting the attempt-to-murder requirements; survival did not remove that statutory sentencing option. (¶ 18–24)
Held
- The appeal concerned quantum of sentence only; the convictions were not reopened. (¶ 10–11)
- Where the act constituting attempted murder causes hurt, the second part of Section 307 authorises life imprisonment or the punishment stated in its first part. The argument that survival alone limited punishment to ten years was rejected. (¶ 18–24)
- The grievous gunshot wound to the head, coordinated common-intention attack on family members and serious resulting injuries, including the pregnancy-related harm, justified life imprisonment. Sentencing required consideration of gravity, manner, motive, weapons, injuries and any extenuating circumstances; no basis for interference was shown. (¶ 24–27)
Result
Appeal dismissed; life sentence under Section 307/34 and the other sentences left undisturbed.