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Supreme Court of India 2019-07-30 partly_allowed

Suryakant Baburao @ Ramrao Phad vs State of Maharashtra and Others

Bench: 2 — R. Banumathi

In Brief

In this criminal appeal, the Supreme Court reviewed the High Court's reduction of sentence for accused persons convicted of attempt to murder under Section 307 IPC. The first accused fired gunshots at the victim's chest, causing injuries capable of causing death according to medical opinion. The High Court had reduced his sentence from seven years to five years. The Supreme Court held that this reduction was improper and manifested undue sympathy. Courts must impose sentences proportionate to the gravity of the offence, considering weapon used, nature of injuries, and medical opinion. The Court set aside the High Court's judgment and enhanced the first accused's sentence to six years and six months. The acquittal of the other two accused (who were unarmed) under Section 307 IPC and reduction of their sentences were affirmed as they lacked the deadly weapon element."

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Criminal Law Attempt to Murder Common Intention Sentencing Arms Act Criminal Procedure

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