Chhattisgarh High Court: An appeal was filed by the appellant against the order of his conviction and sentence under Section 307 IPC passed by the trial court. A Single Judge Bench comprising of Ram Prasanna Sharma, J. reduced the sentence awarded to the appellant by the trial court while upholding his conviction.
The appellant was convicted on the charge of attempt to murder under Section 307 of IPC. Learned counsel for the appellant submitted that in the facts of the case, at most a case of causing simple injury was made out, and no offence under the said section could be said to have taken place. Per contra, learned counsel for the State submitted that the decision of the trial court was in accordance with law and was not liable to be interfered with.
The Court heard the counsel for the parties and perused the record. The Court found that the appellant inflicted injury on the back of the victim with a deadly weapon (knife) and therefore, looking at all the surrounding facts, the offence under Section 307 was duly proved against the appellant as rightly held by the trial court. However, on the issue of quantum of sentence, the High Court found favour with the submission made by the counsel for the appellant. Considering the fact that the offence took place more than twenty years ago, the Court reduced the sentence awarded to the appellant by the trial court, to the period of sentence already undergone by him i.e. three and a half years. Hence, the appeal was partly allowed in the above terms. [Nanhu v. State of MP (Now State of Chhattisgarh), 2018 SCC OnLine Chh 408, dated 10-04-2018]
