NARESH & ORS. versus THE STATE OF UTTARAKHAND & ORS.

Citation: [2018] 3 S.C.R. 940 · Decided: 25-04-2018 · Supreme Court of India · Bench: R.K. AGRAWAL · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 3 S.C.R.
NARESH & ORS.
v.
THE STATE OF UTTARAKHAND & ORS.
(Criminal Appeal Nos. 394-395 of 2018)
APRIL 25, 2018
[R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.]
Penal Code, 1860 – ss.307/34, 323/34, 324/34 and 504 –
Four accused – Prosecution case was that the accused persons
attacked the victim with axe and caused injuries to him on his body
– The injuries were abrasion, contusion and one lacerated wound
– Sessions court acquitted all the accused – However, High Court
set aside acquittal and ordered conviction – Appeal against
conviction – Held: In view of finding of facts, interference with the
order of High Court is not called for in case of accused no.1, 3
and 4 – However, sentence awarded by High Court is reduced to
what they have already undergone for the reason that the appellants
were first offender, the injuries inflicted on the victim were not serious
in nature and victim survived leaving no disability due to causing
of the injuries – The fine of Rs.7000 awarded by High Court is
enhanced to Rs.75000 – In case of appellant no.2, role attributed
to him was not established beyond reasonable doubt and, therefore,
he is acquitted of charges leveled against him.
Disposing of the appeals, the Court
HELD:  So far as the involvement of appellant Nos.1, 3 and
4, in commission of offence in question, is concerned, no case for
interference is made out on findings of fact.  As regards the
sentence of appellant Nos.1, 3 and 4, their respective jail
sentences awarded by the High Court are modified and reduced
to what they have already undergone and the fine amount awarded
by the High Court enhanced from Rs.7000/-  to Rs.75,000/- to
each appellant for the following reasons.  First, the incident is of
1998. In other words, it is now almost 20 years  have passed that
this litigation is pending in various Courts.  Second, there were
seven injuries noticed by the doctor on the body of injured but
the injuries noticed were not very serious in nature.  Third, the
[2018] 3 S.C.R. 940
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victim survived leaving no disability much less permanent on his
body due to causing of the injuries and lived for twenty years
after the date of alleged incident and died recently. Fourth,
appellant Nos.1, 3 and 4 have undergone almost one year of jail
sentence including remission out of the total jail sentence awarded
by the High Court. Fifth, the appellants were first offender and
were not found involved in any criminal activity in the last 20
years, though remained on bail throughout. [Paras 14-21][944-F-
H; 945-A-D]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
Nos. 394-395 of 2018.
From the Judgment and Order dated 10.07.2017/17.07.2017 of
the High Court of Uttarakhand at Nainital in Criminal Appeal No. 91 of
2011 and Government Appeal No. 42 of 2011.
WITH
Crl. A. No. 396 of 2018.
Sushil Kumar Jain, Sr. Adv., Ajay Veer Singh Jain, Mrs. Mamta
Jain, Uday Ram Bokadia, Atul Agarwal, Ms. Divya Garg, Rakesh Kumar
Khare, Sonal Jain, Advs. for the Appellants.
Ashutosh Kumar Sharma, Jatinder Kumar Bhatia, Pankaj Kumar
Singh, Mukesh Verma, Pawan Kumar Shukla, Yash Pal Dhingra, Advs.
for the Respondent.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J.
Criminal Appeal Nos.394-395 of 2018
1. These appeals are filed by the accused persons against the
common final judgment and order dated 10.07.2017/17.07.2017 passed
by the High Court of Uttarakhand at Nainital in Criminal Appeal No.91
of 2011 (filed by the complainant) and Government Appeal No.42 of
2011 whereby the High Court allowed the appeals of the State and the
Complainant and set aside the order dated 16.03.2011 passed by the
Additional Judge, Haridwar in Sessions Trial Nos.286 of 1999 and found
the accused persons, Naresh, Suresh, Ashish@Sheshraj and Rajendra
guilty for commission of the offences punishable under Sections 307/34,
NARESH v. THE STATE OF UTTARAKHAND
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SUPREME COURT REPORTS
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323/34, 324/34 and 504 of the Indian Penal Code, 1860 (hereinafter
referred to as “IPC”) and accordingly sentenced each of them as under:
Accused 
Trial Court 
High Court 
Naresh  
(A-1) 
Acquitted under 
Sections 307/34, 
323/34, 324/34 and 
504IPC 
Convicted under Sections 307/34, 
323/34, 324/34 and 504 IPC 
5 years R.I. and Rs.5000/- under 
Section 307 IPC 
6 months R.I. and Rs.500/- under 
Section 323/34 IPC 
2 years R.I. and Rs.500/- under 
Section 324/34 IPC 
1 year R.I. and Rs.1000/- und
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