SUPREME COURT OF INDIA

Before:- B.N. Agrawal and P.K. Balasubramanyan, JJ.

Criminal Appeal No. 143 of 2005, Arising out of SLP (Crl.) No. 1894 of 2004. D/d. 20.1.2005.

State of Kerala - Appellants

Versus

Ravi - Respondent

Indian Penal Code, 1860, Sections 325 and 304 Part I - Alteration of conviction from Section 304 Part I to Section 325 - Reduction of sentence - Victim receiving as many as 14 injuries on different parts of body - High Court not justified in awarding sentence of six months only - It is a fit case in which the sentence of imprisonment awarded to the respondent is enhanced to a period of three years.

[Paras 4 and 5]

ORDER

B.N. Agrawal, J. - Heard the parties.

2. Leave granted.

3. The sole respondent was convicted by the trial court under Section 304 Part I of the Indian Penal Code (for short Indian Penal Code) and sentenced to undergo rigorous imprisonment for a period of eight years. The High Court on appeal, set aside the conviction under Section 304 Part I Indian Penal Code and convicted the respondent under Section 325 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months. Hence, this appeal by special leave.

4. It appears that the victim had received as many as fourteen injuries on different parts of the body. In view of the nature of injuries and keeping in mind the facts of the present case, we are of the view that the High Court was not justified in awarding sentence of six months only. The maximum sentence under Section 325 Indian Penal Code that could be awarded was seven years. In our view, in the facts and circumstances of the case, it is a fit case in which the sentence of imprisonment awarded to the respondent is enhanced to a period of three years.

5. Accordingly, the appeal is allowed in part and while upholding conviction of the respondent under Section 325 Indian Penal Code, we enhance the sentence of imprisonment from six months to three years. The respondent is directed to be taken into custody forthwith to serve out the remaining period of sentence for which compliance report must be sent to this Court within a period of one month from the receipt of copy of this order.

Appeal partly allowed.