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Gurdeep Singh Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 78 of 1976
Judge
Reported inAIR1979SC1432; 1980Supp(1)SCC432; 1979(11)LC355(SC); 1979()WLN112
ActsIndian Penal Code (IPC) - Sections 326
AppellantGurdeep Singh
RespondentState of Rajasthan
Excerpt:
- .....have been directed to run concurrently. we have heard learned counsel for the parties and we do not find any error of law in the judgment of the high court. the case depends purely on appreciation of evidence and he courts below have accepted the prosecution story. mr. mookherjee appearing for the appellant submitted that a lenient view on the question ot sentence may be taken in view of the animus between the parties. the nature of the injury shows that both hands of the victim were almost maimed by the shots fired by the appellant. in these circumstances we do not think that there is any room for reduction in the sentence. the appeal is without any merit and is accordingly dismissed.
Judgment:

S. Murtaza Fazal Ali, J.

1. In this appeal by special leave, the appellant has been convicted under Section 326 IPC and sentenced to three years R.L and fins of Rs. 500/ and in default of payment thereof to further urdergo rigorous imprisonment for three months. He has been farther convicted under Section 27 of the Arms Act and Sentenced to undergo imprisonment for one year. Both the substantive sentences have been directed to run concurrently. We have heard learned Counsel for the parties and we do not find any error of law in the judgment of the High Court. The case depends purely on appreciation of evidence and he courts below have accepted the prosecution story. Mr. Mookherjee appearing for the appellant submitted that a lenient view on the question ot sentence may be taken in view of the animus between the parties. The nature of the injury shows that both hands of the victim were almost maimed by the shots fired by the appellant. In these circumstances we do not think that there is any room for reduction in the sentence. The appeal is without any merit and is accordingly dismissed.


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