LexNANDA GOPALAN versus STATE OF KERALA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2015] 4 S.C.R. 563
NANDA GOPALAN
v.
STATE OF KERALA
(Criminal Appeal No. 714 of 2015)
APRIL 24, 2015
[ J. CHELAMESWAR AND ADARSH
KUMAR GOEL, JJ.]
Penal Code, 1860: ss.324 and 326 - Allegation that
A
B
c
accused-appellant attacked PW-1 with a bat and as a result
PW-1 fell down and then appellant sat on his chest and
caused injuries to him with a stone - Trial court accepted
prosecution version and convicted and sentenced the o
appellant which was affirmed by High Court with reduction
in sentence - During pendency of appeal in High Court, a
settlement was reached between the parties and an
application was moved before the High Court for
compoun,ding the offence uls. 324 and for quashing the E
charge u/s.326 on the basis of compromise - Application
dismissed on ground that non compoundable offence could
not be settled between the parties - On appeal, Held: The
plea that weapon was not dangerous was neither raised in
the lower courts nor any evidence was led in that regard and F
in absence thereof, finding of courts below on nature of
charge cannot be interfered with, however in view of
compromise between the parties particularly when they are
close relatives, reduction in sentence is ordered -
The
sentence of imprisonment of appellant reduced to the period G
already undergone, while the amount of compensation
increased to Rs.2 lakhs to be paid to the victim.
563
H
564
SUPREME COURT REPORTS
[2015] 4 S.C.R.
A
Disposing of the appeal, the Court
HELD: In the present case, neither in the courts
below, the plea that weapon was not dangerous was
raised nor any evidence was led, in absence of which
8 the finding of the courts below on the nature of charge
is not interfered with nor it is held that the nature of
weapon used did not fall under Sections 324 and 326.
As regards the sentencing policy, it is well settled that
just and appropriate sentence has to be imposed
c keeping in mind the proportion between crime and
punishment and having regard to the facts and
circumstances of each case particularly, the nature of
offence, the sentence prescribed, mitigating and
extenuating and other attending circumstances.
In
D view of that, the sentence of imprisonment of the
appellant is reduced to the period already undergone,
while the amount of compensation is increased to Rs.2
lakhs to be paid to the victim. [Paras 12, 13, 16] [571-A-
C] [575-D]
E
Dasan vs. State of Kera/a and Anr. 2014 (12) SCC 666;
Mathai vs. State of Kera/a 2005 (3) SCC 260: 2005 (1)
SCR 450; Anwarul Haq vs. State of U.P 2005 (10) SCC 581:
2005 (3) SCR 917; State of M.P vs. Ghanshyam Singh
F 2003 (8) SCC 13:2003 (3) Suppl. SCR 618; Bankat vs.
G
H
State of Maharashtra (2005) 1 SCC 343: 2004 (6) Suppl.
SCR 406 - relied on.
Regina vs. Bibi 1980 (1) WLR 1193 - referred to.
Case Law Reference
2014 (12) sec 666
2005 (1) SCR 450
1980 (1) WLR 1193
relied on.
relied on.
referred to.
Para 7
Para 7
Para 7
NANDA GOPALAN v. STATE OF KERALA
565
2005 (3) SCR 917
relied on.
Para 11
2003 (3) Suppl. SCR 618
relied on.
Para 13
2004 (6) Suppl. SCR 406
relied on.
Para 15
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 714 of 2015.
From the Judgment and Order dated 31.10.2014 of the
High Court of Kerala at Ernakulam in Crl.A.No. 285 of 2003.
RarTJ Jethmalani (AC), Karan Kalia, Pranav Diesh, P. R.
Mala, Shinoj K. Narayanan, K. Rajeev, Vipin Narayan for the
Appellant.
A
B
c
Jogy Scaria, Joyti Mishra, Kaushal Yadav, Regan S. Bel 0
for the Respondent.
The Judgment of the Court was delivered by
ADARSH KUMAR GOEL, J. 1. Leave granted. This
appeal has been preferred against judgment and order dated
E
31s1 October, 2014 passed by the High Court of Kerala at
Ernakulam in Criminal Appeal N.:..285 of 2003.
2. The appellant stands c~nvicted under Sections 324
and 326 of the Indian Penal Code ("IPC") and sentenced to
F
undergo rigorous imprisonment for two years and three years
respectively and to pay fine of Rs.30,000/- to the injured as
compensation. The appellant is son of cousin of injured
Sukumaran (PW1 ).
3. Prosecution case is that on 141h May, 1999 at 7.30
a.m., the appellant attacked PW 1 by using a bat made of
coconut leaf stem. PW 1 fell down on receiving the blow. The
appellant sat on the chest of PW 1 and caused injuries with
G
a stone. PW 1 became unconscious. He was admitted to H
566
SUPREME COURT REPORTS
[2015] 4 S.C.R.
A
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