Supreme Court - Daily Orders
Shaji vs Sub Inspector Of Police on 20 February, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1066 OF 2015
SHAJI & ORS. ...APPELLANT(S)
VERSUS
SUB INSPECTOR OF POLICE & ANR. ….RESPONDENT(S)
O R D E R
The legality and correctness of the judgment and sentence imposed by the High Court in Criminal Appeal No.89/2004 is assailed in this appeal.
2. We have heard learned senior counsel for the appellant(s) and learned counsel for the respondent(s)/State and perused the material on record.
3. Learned senior counsel appearing for the appellant(s) made a two-fold submission: the first submission was with regard to the appellants herein being erroneously convicted for the offences under Sections 324, 326, 452, 143, 147 and 148 of the Indian Penal Code, 1860 (for short, ‘the IPC’) by the Addl. Sessions Court, Alappuzha, although, they were charged for the offences under Sections 143, 147, 148, 149, 452, 323, 324, 326, 308 and 427 of the IPC. Further, the appellants herein are Signature Not Verified Digitally signed by accused NEETU SACHDEVA Date: 2025.02.27 nos.1 to 5 whereas accused nos.6 to 14 were 17:08:09 IST Reason:
acquitted by the Addl. Sessions Court. The appellants 1 herein being unsuccessful before the High Court have preferred this appeal. Learned senior counsel for the appellant(s) contended that the High Court was not right in sustaining the judgment of conviction passed by the Addl. Sessions Court. Therefore, the appeal filed by the appellants herein ought to be allowed and the appellants may be acquitted.
4. Alternatively or secondly, learned senior counsel for the appellant(s) submitted that in case this Court is not inclined to set aside the conviction, it may at least modify the sentence imposed on the appellants herein. In this regard, he submitted that under Sections 324, 143, 147 and 148 of the IPC, there is an alternative sentence to imprisonment inasmuch as only fine could be imposed and therefore over and above the imposition of fine by the Addl. Sessions Court, this Court may enhance the fine amount in lieu of the imprisonment also imposed on the appellants herein.
5. He further submitted that insofar as Sections 326 and 452 of the IPC are concerned, there can only be an imprisonment but there is no minimum period of imprisonment stipulated under the said Sections; that the appellants have undergone about eight months of sentence and this Court vide order dated 17.08.2015 granted the relief of suspension of 2 sentence and bail bearing in mind the period of sentence actually undergone and there being no minimum sentence stipulated under Sections 326 and 452 of the IPC. This Court may bear in mind the sentence actually undergone and restrict the sentence to the said period and order for reducing the sentence to the period of sentence already undergone by allowing this appeal at least in part.
6. Learned counsel for the respondents, however contented that there is no merit in this appeal; that the High Court has rightly convicted the appellants and has also sustained the sentences imposed on them by the Addl. Sessions Court; and that the appellants have undergone only eight months of sentence imposed upon them owing to suspension of sentence and grant of bail by this Court. The appeal may be dismissed and the appellants may be directed to surrender to undergo the rest of the sentences imposed on them.
7. We have given our thoughtful consideration to the submissions advanced at the Bar in light of the facts and circumstances of this case. Firstly, we note that out of total fourteen accused persons, the Addl. Sessions Court itself acquitted accused nos.6 to 14 and convicted only accused nos.1 to 5/appellants herein. The conviction was for the offences under Sections 324, 326, 452, 143, 147 and 148 of the IPC and not in respect of all the offences 3 against which they were charged. We have perused Sections 324, 326, 452, 143, 147 and 148 of the IPC. The sentence of rigorous imprisonment imposed by the Addl. Sessions Court and sustained by the High Court without any modification is as under – Sl. No. Section(s) of IPC Period of sentence
1. Section 326 Three years
2. Section 324 One year
3. Section 452 Two years
4. Section 143 Three months
5. Section 147 Six months
6. Section 148 One year
8. We have noted that insofar as the aforesaid offences are concerned, it is only in respect of Sections 326 and 452 of the IPC that the sentence of rigorous imprisonment and fine is provided; that insofar as the offences under Sections 324, 143, 147 and 148 of the IPC, the punishment is only by way of imprisonment or fine. Also there is no minimum sentence provided for offences under Sections 326 and 452 of the IPC are concerned.
9. Consequently, we modify the sentence imposed by the Addl. Sessions Court and sustained by the High Court. Insofar as Sections 324, 143, 147 and 148 of the IPC are concerned, the sentence of rigorous imprisonment shall be substituted by fine. In respect of these offences, each of 4 the accused shall be liable to pay fine of Rs.12,000/- each, which is over and above what has been imposed by the Addl. Sessions Court and affirmed by the High Court.
10. Insofar as Sections 326 and 452 of the IPC are concerned, the Addl. Sessions Court has awarded sentence of three years and two years respectively.
11. Learned senior counsel for the appellant(s) submitted that the incident occurred on 12.05.2000. The appellants are in their 50s and 60s. At this stage, it would be rather difficult for the appellants to undergo the sentence of three years being the maximum period imposed in the instant case. Hence, the plea was to reduce the sentence to the period already undergone.
12. We find that the submission of learned senior counsel appearing for the appellants requires consideration. We therefore modify the sentence imposed under Sections 326 and 452 of the IPC to the period already undergone.
13. Consequently, we hold that the judgment of conviction affirmed by the High Court is not to be interfered with. However, the sentence imposed on the appellants stands modified as under -
Sl.No. Section(s) of IPC Sentence
1. Sections 326 Period of and 452 sentence already undergone.
5
2. Sections 324, Fine of 143, 147 and Rs.12,000/-
148 in respect of
each of the
appellants
over and
above already
imposed.
(Total
Rs.60,000/-)
14. The fine amount shall be deposited by the appellants before the Addl. Sessions Court, Alappuzha within a period of one month from today i.e. on or before 20.03.2025.
15. On such deposit being made, the Addl. Sessions Court shall disburse the amount equally to PW1, PW2 and PW4 as soon as the amount is deposited and at any rate within a period of one month from 20.03.2025.
16. It is clarified that in the event the fine amount is not deposited by the appellants herein, the sentence imposed by the Addl. Sessions Court and affirmed by the High Court shall ensue to the appellants herein and they shall then surrender before the concerned Addl. Sessions Court within two weeks from 20.03.2025.
The appeal is allowed in part and disposed of in the aforesaid terms.
……………………………………………J. [B.V. NAGARATHNA] ………………………………………………J. [PRASANNA B. VARALE] NEW DELHI FEBRUARY 20, 2025 6 ITEM NO.104 COURT NO.7 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1066/2015 SHAJI & ORS. Appellant(s) VERSUS SUB INSPECTOR OF POLICE & ANR. Respondent(s) Date : 20-02-2025 This appeal was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE PRASANNA B. VARALE For Appellant(s) : Mr. Raghenth Basant, Sr. Adv.
Mr. Vishnu Pazhanganat, Adv.
Mr. A. Karthik, AOR Ms. Smrithi Suresh, Adv.
Ms. Kaushitaki Sharma, Adv.
Ms. Hima Bhardwaj, Adv.
Mr. Sugam Agrawal, Adv.
For Respondent(s) :Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv.
Mrs. Ashly Harshad, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in part and disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file) 7