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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

A land dispute escalated into violence when the first accused, an army serviceman with a licensed pistol, fired gunshot wounds at the complainant's chest during a quarrel over rubble-spreading on the complainant's field. Two other accused assisted in the attack. The trial court sentenced all three to seven years imprisonment. The High Court reduced the first accused's sentence to five years and acquitted the other two of attempt to murder, convicting them of causing grievous hurt instead. The Supreme Court partly allowed the appeal, enhancing the first accused's sentence to six years and six months, holding that undue sympathy resulting in inadequate sentences undermines justice and harms society. The acquittals of the other two accused were affirmed."

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Criminal Law Sentencing Attempt to Murder Section 307 IPC Discretion in Sentencing Weapons and Offences Judicial Discretion Victim Compensation

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