VidhiSangh

Supreme Court of India · 30/07/2019

SURYAKANT BABURAO @ RAMRAO PHAD versus STATE OF MAHARASHTRA AND OTHERS

[2019] 10 S.C.R. 570 · 2019 INSC 832

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Summary

The complainant’s sentencing appeal succeeded only against the accused who fired at the victims. A chest wound capable of causing death and the use of a pistol made the High Court’s reduction to five years inadequate. Accounting for enhanced compensation already paid, the Court imposed six years and six months’ rigorous imprisonment. It retained the other two accused persons’ acquittals on attempted murder, lesser convictions and reduced sentences, as well as the fine and compensation directions.

Issues

  1. Whether the reduced sentences adequately reflected the respective accused persons’ roles and injuries caused.

Held

Result

Appeal partly allowed. Devraj’s section 307/34 sentence increased to six years and six months’ rigorous imprisonment; surrender within four weeks, failing which custody. Appeal against the other two accused dismissed. Fine and victim-compensation directions maintained.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 570.