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Supreme Court of India 2021-09-20 dismissed

BHAGWAN NARAYAN GAIKWAD vs THE STATE OF MAHARASHTRA AND ORS

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

In 1993, the appellant attacked a man with a sword in Malegaon, severing his right leg below the knee and right arm below the elbow. The victim barely survived and lives disabled with prosthetic limbs. Convicted in 1996, the appellant remained on bail pending the High Court appeal for 25 years. After conviction was upheld in 2021 with a sentence of 5 years imprisonment, the victim filed a compromise affidavit requesting release. The Supreme Court dismissed the appeal, holding that Section 326 offences are non-compoundable, and a mechanical compromise affidavit cannot override sentencing principles where permanent disability resulted from premeditated brutality. The sentence was upheld as appropriate.

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