Jameel vs State Of U.P

3) Brief facts:

Hasib was sent to Balrampur hospital for medical examination where Dr. T.N. Singh, the emergency medical officer Balrampur, Lucknow examined him at 8.45 p.m. on 21.04.1989 and found the following injuries:-

b) The X-ray of injury on the head of Hasib was conducted on 22.04.1989 by Dr. Amit Kumar - Radiologist Balrampur. After completion of the investigation, charge- sheets being exhibits K-5 and K-6 were filed against Jameel and Dastgir on 31.05.1989 and 09.06.1989 respectively under Section 308 IPC.

c) The prosecution examined the informant Ikram Ali as PW-1, Smt. Mehrunisa wife of injured Hasib as PW-2, injured Hasib as PW-3, Dr. T.N. Singh as PW-4, Dr. Amit Kumar as PW-5 and Police Inspector/Investigating Officer Shri Mahraj Singh as PW-6.

f) Aggrieved by the aforesaid conviction and sentence, both the accused persons preferred Criminal Appeal No.8 of 1996 before the High Court of Judicature at Allahabad, Lucknow Bench. The High Court by the impugned order and taking note of the statement of the injured found Dastgir not guilty and acquitted him, however, confirmed the conviction and sentence insofar as Jameel and dismissed his appeal on 04.07.2007. Questioning the 4 same, the present appellant-Jameel has filed the above appeal by way of special leave.

e) The trial Court found that in the incident both the accused persons participated in inflicting injury to Hasib with the common intention and were liable equally in inflicting one injury on Head, therefore, the offence under Section 308 is proved against the accused persons. In view of the said conclusion, the trial Court convicted the accused persons i.e. Dastgir and Jameel under Section 308 IPC on 22.12.1995 and punished with two years rigorous imprisonment.

7) We have carefully perused all the oral and documentary evidence as well as considered the rival contentions of both the parties. In view of the limited notice only as regards to question of sentence, let us find out whether the prosecution has established its case and award of two years' rigorous imprisonment is quite reasonable and acceptable.

These are some of the factors which can be taken into consideration while granting an appropriate sentence to the accused. The list of circumstances enumerated above is only illustrative and not exhaustive. In our considered view, proper and appropriate sentence to the accused is the bounded obligation and duty of the court. The endeavour of the court must be to ensure that the accused receives appropriate sentence, in other words, sentence should be according to the gravity of the offence. These are some of the relevant factors which are required to be kept in view while convicting and sentencing the accused."

In view of the materials placed by prosecution, analyzed by the trial Court and approved by the High Court, we are not inclined to reduce the sentence. We have already pointed out about the proof regarding enmity, intention and causing grievous hurt.

15) In those circumstances and in the light of the materials placed, we are of the view that there is no valid ground for reduction of sentence as claimed by the appellant. Consequently, the appeal fails and the same is dismissed.

NOVEMBER 06, 2009.