grievous hurt - The Legal Chamber

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

26Feb

By The Legal ChamberNo Comments

Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...

Forest Fire Deaths Not Culpable Homicide, Supreme Court Discharges Forester

The Supreme Court allowed the appellant's discharge, holding that the deaths resulted from a forest fire (vis major) and no criminal negligence or intent was attributable to him. Consequently, the invocation of Sections 304 (Part II), 304A, 326, and 338 of the Indian Penal Code was found to be unwarranted on the facts of the case. Facts Of The Case: The case arose from a tragic 2018 forest fire in Kurangani, Tamil Nadu, which caused multiple fatalities and injuries during a trekking expedition. The appellant, a Forester, was accused No. 1. The prosecution alleged that he, while entrusted with additional charge of the Mandal Division, facilitated a trekking group from Erode by instructing a local watcher to accompany them. It was further alleged that trekking fees were paid into his p...

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...