Abhijit Das v. State of Tripura

Supreme Court of India · 20 Jan 2017
Kurian Joseph; A. M. Khanwilkar
Criminal Appeal No. 148 of 2017 @ Special Leave Petition (Crl.) No. 9253 of 2014
criminal sentence_modified

AI Summary

The Supreme Court modified the sentence under Section 324 IPC to the period already undergone by the appellant, upholding the conviction but reducing the punishment in the interest of justice.

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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 148 OF 2017
[ @ SPECIAL LEAVE PETITION (CRL.) NO. 9253 OF 2014 ]
ABHIJIT DAS Appellant(s)
VERSUS
STATE OF TRIPURA Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. While issuing notice on 19.11.2014, the scope of the notice was limited to the question of sentence.

3. It is not in dispute that the conviction maintained was only under Section 324 IPC. We are informed that the appellant has undergone sentence of around three months.

4. Looking at the nature of injury and other circumstances, we are of the view that the interest of justice would be served in case the sentence is altered to the period already undergone. Ordered accordingly.

5. In view of the above, the appeal is allowed to the above extent ........................ J. [ KURIAN JOSEPH ] ....................... J. [ A. M. KHANWILKAR ] New Delhi; January 20, 2017.