State Of M.P vs Mohan & Ors

3. Respondents herein were charge-sheeted for the offences punishable under Sections 294, 307 read with Section 34 IPC and were convicted and sentenced as stated above. The incident leading to the above charges occurred on 11.6.2006 at 11.00 O’clock in the night when complainants attempted to drive away the animals of the accused persons trespassed into their courtyard. Accused persons, infuriated by the conduct of the complainants, reached the spot of the incident and started abusing them. One of the accused, Ummed Singh, using his fire arm, fired a gun shot, which hit Lalaram, one of the complainants on his back and the complainant including Lalaram in order to save their lives ran away from the spot. Ummed Singh again fired another gunshot, which hit Mogh Singh, another complainant. Due to the injuries sustained by Lalaram, he fell down. The accused persons committed the same in furtherance of their common intention or knowledge that their actions would result in causing death to the complainants.

4. The prosecution, in order to establish the guilt of the accused persons, examined large number of witnesses including PW14, the doctor who examined the injured persons. The defence also adduced oral evidence.

5. Dr. Sudhir Rathore (PW-14) examined the injured Lalaram on 12.6.2006 and found the following injuries on his person:

P.W.14, after examining Kamar Lal on 12.2.2006, noticed the following injuries on him:

6. P.W.14 also examined the father of the complainant and found lacerated wound of 0.5 cm on the vertex part of the head and the blackening was found all around the wound. Doctor deposed that the injuries were caused by the use of the firearm.

9. Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise. The social impact of the crime, e.g. where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude -or moral delinquency which have great impact on social order, and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system.

10. The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence and it should "respond to the society's cry for justice against the criminal".”

18. We, therefore, find no good reason to interfere with the judgment of the trial court. Consequently, the appeal is allowed and judgment of the High Court reducing the sentence is set aside and the judgment and order of the trial Court are restored.