Supreme Court - Daily Orders
Mohamad Hanif @ Munno Hussainmiya ... vs The State Of Gujarat on 31 January, 2019
Bench: L. Nageswara Rao, Sanjay Kishan Kaul
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1364 OF 2011
MOHAMAD HANIF @ MUNNO HUSSAINMIYA SHAIKH .. Appellant(s)
Versus
THE STATE OF GUJARAT .. Respondent(s)
O R D E R
There was a quarrel between the appellant and two sons of the complainant who were also related to the appellant on 21 st May, 1996. The appellant and the sons of the complainant were carrying on business of selling food articles. The appellant gave a blow on the head of Iqbalbhai with a stick and accused No.2Gulamnabi caused an injury by knife to Safi Mohamad Sherumiya. Accused No.2 was convicted under Section 307 IPC and sentenced to imprisonment for a period of five years. The appellant was convicted under Section 325 IPC and sentenced to imprisonment for a period of two years.
In the appeal filed against the said conviction and sentence, the appellant argued only for reduction of the sentence to the period already undergone. No serious attempt was made leading to the case on merits to set aside the case on conviction ordered by Signature Not Verified Digitally signed by VISHAL ANAND the trial Court. The Appellate Court upheld the conviction but Date: 2019.02.01 16:41:24 IST Reason: reduced the sentence to one year.
1 The incident occurred more than 22 years back. The parties are related and were spending their livelihood by selling food articles. The injuries that were caused by the appellant by a stick, though on the head of the victim, were simple in nature as per the medical report. The appellant has already undergone one and a half month’s imprisonment.
Taking into account the facts and circumstances mentioned above, we are of the opinion that the sentence of one year imposed upon the appellant by the High Court should be converted to the sentence already undergone.
Accordingly, while upholding the conviction of the appellant under Section 325 IPC, we convert the sentence to the period already undergone.
The Appeal is allowed in the aforesaid terms.
.............................J. ( L. NAGESWARA RAO) .
............................J. ( SANJAY KISHAN KAUL ) New Delhi, Dated: JANUARY 31, 2019.
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ITEM NO.104 COURT NO.14 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). 1364/2011 MOHAMAD HANIF @ MUNNO HUSSAINMIYA SHAIKH Appellant(s) VERSUS THE STATE OF GUJARAT Respondent(s) Date : 31-01-2019 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Appellant(s) Mr. Nachiketa Joshi, AOR Mr. Sudhakar Joshi, Adv.
Mr. Aniket Seth, Adv.
Ms. Sucheta, Adv.
Mr. Ujjaval, Adv.
For Respondent(s) Ms. Hemantika Wahi, AOR Jesal Wahi, Adv.
Ms. Vishakha, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the Signed Order.
Pending applications, if any, stand disposed of.
(GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR
( The Signed Order is placed on the file) 3