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Supreme Court of India 2022-05-19 partly_allowed

Jaswinder Singh (Dead) Through Legal Representative vs Navjot Singh Sidhu and Others

Bench: 2 — Sanjay Kishan Kaul

In Brief

In this 34-year-old assault case, the Supreme Court reviewed the adequacy of sentence when a 25-year-old international cricketer was convicted of causing hurt (Section 323 IPC) to a 65-year-old man who died. The trial court acquitted both accused; the High Court convicted respondent No. 1 under Section 304 Part II but this Court reduced it to Section 323, imposing only a fine of Rs. 1,000. On review, the Court held the sentence manifestly inadequate, considering the victim's age, the accused's physical strength and sporting background, and the fatal consequences. The Court enhanced the sentence to one year rigorous imprisonment plus the fine, rejecting the accused's reliance on time passage and emphasizing that proportionate punishment serves societal protection and victim rights.

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Criminal Law Sentencing Homicide Culpable Homicide Grievous Hurt Victim Rights Proportionality in Punishment

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