Grievous Hurt Case: Supreme Court Upholds High Court’s Verdict with Reduced Sentence

The Supreme Court of India, in its judgment on January 25, 2018, ruled on a longstanding criminal case concerning grievous hurt and sentencing. The case, Subhash Chander Bansal v. Gian Chand & Ors., revolved around the conviction of four individuals under Section 325 read with Section 34 of the Indian Penal Code (IPC). The Court upheld the High Court’s decision to convict the accused but maintained a reduced sentence, considering the passage of time and other mitigating factors.

Background of the Case

The case originated from an incident that occurred on July 29, 1988, when five individuals attacked two victims, Om Prakash and Ravinder Kumar, using hockey sticks, causing serious injuries. An FIR was lodged against the accused under Sections 307, 325, 148, and 149 of the IPC. The complainant, Subhash Chander Bansal, who was the son of one of the victims, pursued legal action.

The Trial Court acquitted all five accused on November 14, 1998. The State and the complainant appealed the acquittal in the Punjab & Haryana High Court. The High Court, after reviewing the evidence, partially allowed the appeal and convicted four of the accused under Section 325 read with Section 34 IPC, while acquitting one accused due to lack of sufficient evidence. The convicted individuals were sentenced to the period of imprisonment already undergone and a fine of Rs. 50,000 to be shared among the victims.

Arguments by the Petitioner (Complainant)

The complainant argued that:

The High Court erred in reducing the charges from Section 307 (attempt to murder) to Section 325 (grievous hurt).
The punishment awarded was insufficient given the severity of the attack.
The accused should have been sentenced to a longer imprisonment period rather than just a fine.

Arguments by the Respondents (Accused)

The respondents contended that:

The High Court rightly found that the case did not fall under Section 307 IPC as there was no intent to kill.
The accused had already served a reasonable period as under-trials, and further imprisonment was unnecessary.
The passage of time (nearly 30 years) and the compensation awarded to the victims justified the reduced sentence.

Observations of the Supreme Court

The Supreme Court reviewed the findings of the lower courts and made the following key observations:

“The High Court convicted four accused persons under Section 325 read with Section 34 IPC and not under Section 307 IPC. In other words, no case was made out for an attempt to murder, but it was essentially a case of grievous hurt.”
“The sentencing decision is based on proper appreciation of prosecution evidence, and there is no reason to interfere with the High Court’s findings.”
“The accused had already undergone some imprisonment, and given the long lapse of time (nearly 30 years), further imprisonment was unnecessary.”
“The victims were awarded compensation of Rs. 50,000, which was a reasonable amount at the time of the incident.”

Final Verdict

The Supreme Court dismissed the appeal, affirming the High Court’s judgment. The Court ruled that the conviction under Section 325 IPC was appropriate and that the sentence already served by the accused, along with the fine, was sufficient to meet the ends of justice.

Conclusion

This judgment underscores the importance of proportional sentencing and the consideration of mitigating factors such as the passage of time and compensation to victims. The Court’s decision reflects a balanced approach in ensuring justice while avoiding unnecessary prolonged incarceration.

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Download Judgment: Subhash Chander Bans vs Gian Chand and Ors. Supreme Court of India Judgment Dated 25-01-2018.pdf

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