Summary
The Supreme Court acquitted Suresh because his participation in the assault was not proved beyond reasonable doubt. It upheld the convictions of Naresh, Ashish and Rajendra but reduced their imprisonment to time served, considering the twenty-year lapse, injuries without lasting disability, first-offender status and subsequent conduct. Each had to pay Rs.75,000 for the deceased victim’s legal representatives within three months. Default would revive that appellant’s original High Court sentence. The connected appeal was disposed of accordingly.
Issues
- Whether the High Court’s reversal of acquittal was sustainable for each accused.
- Whether the three sustained convictions justified reduced imprisonment with enhanced payment.
- What consequence followed failure to make the ordered payment.
Held
- The High Court’s conviction findings against appellants 1, 3 and 4 were sustained on review of their respective involvement. Their relief concerned punishment, not acquittal or alteration of the offences. (¶¶ 14, 21, 22, 25, 26)
- For those three, the Court considered the twenty years since the incident, the nature of injuries, absence of lasting disability, roughly one year already served including remission, first-offender status and no further criminal involvement. These case-specific factors supported imprisonment limited to time served. (¶¶ 16, 17, 18, 19, 20, 22)
- Each of the three had to pay Rs.75,000, totalling Rs.2,25,000, to the late victim’s legal representatives or deposit it in court for that purpose within three months. (¶ 27)
- Non-payment by any of those appellants would revive the impugned High Court judgment for the defaulter, who would be taken into custody to serve the remaining sentence. The reduced imprisonment was therefore conditional on compliance. (¶ 28)
- Suresh’s role was not proved beyond reasonable doubt. His trial-court acquittal was restored, conviction set aside and bail bonds cancelled. His acquittal rested on evidentiary insufficiency, rather than solely his reported lung cancer. (¶¶ 23, 24, 29)
- Criminal Appeal 396/2018 was disposed of in view of the decision in appeals 394–395/2018. (¶ Criminal Appeal 396/2018)
Result
Appeals partly allowed. Suresh acquitted; other three convictions upheld with imprisonment reduced to time served subject to Rs.75,000 each payable within three months. Default revives the defaulter’s original High Court sentence. Connected appeal disposed of.