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Supreme Court of India 2017-07-27 partly_allowed

Altab Gharami @ Atlab SK & Anr vs State of West Bengal

Bench: 3 — Mohan M. Shantanagoudar

In Brief

Appellants were convicted by the High Court of West Bengal for lurking house trespass and grievous assault with dangerous weapons against the victim at night on 10 June 2005. They threw bricks at his house and, when he intervened, entered and attacked him with sharp instruments, causing four severe injuries including a skull fracture. The Supreme Court upheld the conviction for offences under Sections 326 (grievous injury) and 456 (house trespass) read with Section 34 IPC, rejecting charges of attempted murder as lacking the necessary intent. The Court modified the sentence to two years' imprisonment and Rs. 50,000 fine for Section 326, and six months' imprisonment and Rs. 10,000 fine for Section 456, to run concurrently, with fines paid to the victim as compensation. Credit was given for time already spent in detention.

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Criminal Law Assault and Injury House Trespass Sentencing Victim Compensation Criminal Procedure

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