SHAILESH JASVANTBHAI Vs. STATE OF GUJARAT
LAWS(SC)-2006-1-45
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
January 19,2006
SHAILESH JASVANTBHAI
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
STATE OF M.P. V. MUNNA CHOUBEY AND ANR [REFERRED TO]SEVAKA PERUMAL VS. STATE OF TAMIL NADU [REFERRED TO]
DHANANJOY CHATTERJEE ALIAS DHANA VS. STATE OF WEST BENGAL [REFERRED TO]
RAVJI ALIAS RAM CHANDRA VS. STATE OF RAJASTHAN [REFERRED TO]
STATE OF MADHYA PRADESH VS. GHANSHYAM SINGH [REFERRED TO]
SURJIT SINGH VS. NAHARA RAM [REFERRED TO]
Cited Judgements :-
STATE OF PUNJAB VS. PREM SAGAR [LAWS(SC)-2008-5-80] [REFERRED TO]KALU KHAN VS. STATE OF RAJASTHAN [LAWS(SC)-2015-3-137] [REFERRED TO]
TILAK DHARI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-5-96] [REFERRED TO]
STATE OF GUJARAT VS. PATEL MAHESHBHAI RANCHHODBHAI [LAWS(GJH)-2008-6-58] [REFERRED TO]
BALA PRASAD KURMI VS. STATE OF U.P. [LAWS(ALL)-2021-11-124] [REFERRED TO]
RAM PRAKASH ALIAS PAPPU YADAV VS. STATE OF U.P. [LAWS(ALL)-2021-12-49] [REFERRED TO]
TASHI DADUL BHUTIA VS. STATE OF SIKKIM [LAWS(SIK)-2010-11-1] [REFERRED TO]
AKSHAY CHAUDHARY VS. UNIVERSITY OF DELHI [LAWS(DLH)-2010-9-172] [REFERRED TO]
KALICHARAN VS. STATE OF U.P. [LAWS(ALL)-2014-5-336] [REFERRED TO]
L N CHATURVEDI VS. STATE [LAWS(DLH)-2012-4-30] [REFERRED TO]
STATE OF MAHARASHTRA COMPLAINANT VS. DNYANESHWAR SURESH BORKAR [LAWS(BOM)-2006-5-27] [REFERRED TO]
MIRAJ MIAN VS. STATE OF BIHAR [LAWS(PAT)-2023-7-71] [REFERRED TO]
SIDDARAMA VS. STATE OF KARNATAKA [LAWS(SC)-2006-9-63] [REFERRED TO]
ANKUSH MARUTI SHINDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-3-5] [REFERRED TO]
STATE OF MADHYA PRADESH VS. BABLU [LAWS(SC)-2014-8-62] [REFERRED TO]
MUSHTAQ ALI VS. STATE OF U.P. [LAWS(ALL)-2020-2-65] [REFERRED TO]
SARVAN VS. STATE OF U.P. [LAWS(ALL)-2019-5-312] [REFERRED TO]
SANKATHA YADAV VS. STATE OF U P [LAWS(ALL)-2015-3-265] [REFERRED TO]
ANASBHAI HABIBBHAI PATHAN VS. STATE OF GUJARAT [LAWS(GJH)-2014-11-156] [REFERRED TO]
BADAL VS. STATE NCT OF DELHI [LAWS(DLH)-2017-5-63] [REFERRED TO]
MOOL CHAND VS. STATE [LAWS(DLH)-2017-5-313] [REFERRED TO]
SATYA PRAKASH VS. STATE [LAWS(DLH)-2013-10-416] [REFERRED TO]
SANJAY VS. STATE OF M.P [LAWS(MPH)-2017-1-149] [REFERRED TO]
S. SREESANTH VS. THE BOARD OF CONTROL FOR CRICKET IN INDIA AND OTHERS [LAWS(SC)-2019-3-102] [REFERRED TO]
SURENDRAKUMAR MANSINGH PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2015-3-358] [REFERRED TO]
VADI VELU AND ORS. VS. STATE OF KERALA [LAWS(KER)-2015-7-218] [REFERRED TO]
SANKARANKUTTY VS. STATE OF KERALA [LAWS(KER)-2016-7-247] [REFERRED TO]
PARSA RAM SON OF JALLU RAM VS. STATE OF PUNJAB [LAWS(P&H)-2015-8-384] [REFERRED TO]
RAMJEE LAL VS. STATE (GOVT OF NCT) DELHI [LAWS(DLH)-2017-5-131] [REFERRED TO]
ARUN KUMAR MISHRA VS. STATE [LAWS(DLH)-2017-9-103] [REFERRED TO]
PARMESHWAR DASS AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-8-145] [REFERRED TO]
ZAHID VS. STATE OF U.P [LAWS(ALL)-2019-11-164] [REFERRED TO]
NETRA PAL VS. STATE OF U.P. [LAWS(ALL)-2019-11-393] [REFERRED TO]
RAM AUTAR VS. STATE OF U.P. [LAWS(ALL)-2019-10-94] [REFERRED TO]
HIT RAM VS. STATE OF U.P. [LAWS(ALL)-2019-10-154] [REFERRED TO]
MAHENDRA SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-11-68] [REFERRED TO]
MILAP SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-7-207] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-3-116] [REFERRED TO]
BADRIPRASAD ALIAS CHUNNA & ORS VS. STATE OF MP [LAWS(MPH)-2017-10-301] [REFERRED TO]
SACHIN VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2014-10-116] [REFERRED TO]
STATE OF RAJASTHAN VS. VINOD KUMAR [LAWS(SC)-2012-5-51] [REFERRED TO]
BABA NATARAJAN PRASAD VS. M. REVATHI [LAWS(SC)-2024-7-58] [REFERRED TO]
VIJOY KUMAR GUPTA VS. STATE OF BIHAR [LAWS(PAT)-2013-10-18] [REFERRED TO]
STATE OF KARNATAKA VS. RAJU [LAWS(SC)-2007-9-85] [REFERRED TO]
SIRIYA ALIAS SHRI LAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-5-139] [REFERRED TO]
SASIKUMAR VS. USHADEVI [LAWS(KER)-2023-10-218] [REFERRED TO]
STATE OF PUNJAB VS. SAURABH BAKSHI [LAWS(SC)-2015-3-95] [REFERRED TO]
SHYAM LAL VS. STATE OF U P [LAWS(ALL)-2020-12-54] [REFERRED TO]
GYAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-8-259] [REFERRED TO]
MUSHTAQ ALI ALIAS GUDDU VS. STATE OF U.P. [LAWS(ALL)-2020-2-351] [REFERRED TO]
RAJVEER PAL VS. STATE OF U P [LAWS(ALL)-2018-1-134] [REFERRED TO]
M/S. INSTRUMENTATION LABORATORY INDIA PVT. LTD. VS. UNION OF INDIA [LAWS(DLH)-2017-5-47] [REFERRED TO]
SANDEEP VS. STATE OF HARYANA [LAWS(P&H)-2014-5-980] [REFERRED]
INDERJIT SINGH BHATIA VS. STATE OF PUNJAB [LAWS(P&H)-2015-11-25] [REFERRED TO]
JAGDISH KUMAR SON OF SARWAN RAM VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-420] [REFERRED TO]
STATE OF MAHARASHTRA VS. SURYA ALIAS SURESH NAGU ALIAS GANGARAM SHINDE ACCUSED [LAWS(BOM)-2007-3-235] [REFERRED]
SAILEN DEBBARMA VS. STATE OF TRIPURA [LAWS(GAU)-2008-9-10] [REFERRED TO]
MITHLESH KUMAR KUSHWAHA VS. STATE [LAWS(DLH)-2015-9-421] [REFERRED TO]
ERRAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-4-111] [REFERRED TO]
SACHIN VS. STATE OF KARNATAKA [LAWS(KAR)-2014-2-438] [REFERRED TO]
MAHENDRA PAL VS. STATE OF U P [LAWS(ALL)-2014-7-163] [REFERRED TO]
GHAMANDI VS. STATE OF U.P. [LAWS(ALL)-2014-9-27] [REFERRED TO]
SHYAM NARAIN VS. STATE OF NCT OF DELHI [LAWS(SC)-2013-5-55] [REFERRED TO]
HAZARA SINGH VS. RAJ KUMAR [LAWS(SC)-2013-4-67] [REFERRED TO]
SOMAN VS. STATE OF KERALA [LAWS(SC)-2012-12-60] [REFERRED TO]
VIPAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-5-258] [REFERRED TO]
SOMENDER KUMAR TYAGI AND ANOTHER VS. STATE OF HARYANA [LAWS(P&H)-2014-5-957] [REFERRED]
SHAKIR VS. STATE [LAWS(ALL)-2019-10-309] [REFERRED TO]
VIRENDRA VS. STATE OF U P [LAWS(ALL)-2016-5-453] [REFERRED]
DEEPAK BORA VS. STATE OF ASSAM [LAWS(GAU)-2010-4-3] [REFERRED TO]
VIKAS YADAV AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(DLH)-2015-2-237] [REFERRED TO]
LAKPAT AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2013-8-186] [REFERRED TO]
SHIV SHANKAR LAL VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-10-210] [REFERRED TO]
HORIL MANDAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-7-27] [REFERRED TO]
STATE OF MADHYA PRADESH VS. SURENDRA SINGH [LAWS(SC)-2014-11-16] [REFERRED TO]
ALISTER ANTHONY PAREIRA VS. STATE OF MAHARASHTRA [LAWS(SC)-2012-1-80] [REFERRED TO]
AKHLAQUE AHMAD KHAN VS. JAMIA MILLIA ISLAMIA [LAWS(DLH)-2010-9-417] [REFERRED TO]
V.K. SANKARANKUTTY, S/O KOCHIKKA VS. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. [LAWS(KER)-2016-7-257] [REFERRED TO]
HARJINDER KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2015-5-349] [REFERRED TO]
STATE OF GUJARAT VS. SURESHBHAI BABUBHAI CHAUHAN [LAWS(GJH)-2016-1-159] [REFERRED TO]
PARMAR MANISHBHAI BABULAL VS. STATE OF GUJARAT [LAWS(GJH)-2013-11-258] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. NIRMALA DEVI [LAWS(SC)-2017-4-62] [REFERRED TO]
BITTAN BAI PAUL VS. THE STATE OF M.P. [LAWS(MPH)-2018-8-250] [REFERRED TO]
RINTU DAS VS. STATE OF ASSAM [LAWS(GAU)-2007-7-30] [REFERRED TO]
ISHRAT S/O ABDUL GAFFAR VS. STATE OF U P [LAWS(ALL)-2014-1-435] [REFERRED TO]
NAZRUL ALAM BISWAS @ NAZRUL BISWAS@ NAZU VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-8-110] [REFERRED TO]
GOPAL SINGH VS. STATE OF UTTARAKHAND [LAWS(SC)-2013-2-43] [REFERRED TO]
STATE OF M.P. VS. NAJAB KHAN [LAWS(SC)-2013-7-23] [REFERRED TO]
STATE OF PUNJAB VS. BAWA SINGH [LAWS(SC)-2015-1-41] [REFERRED TO]
JAG MOHAN & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-4-226] [REFERRED TO]
ALTAF VS. STATE OF U P [LAWS(ALL)-2017-11-362] [REFERRED TO]
KARU @ SRI PRASAD SAH @ KARU SAH SON OF GANGU SAH RESIDENT OF VILLAGE VS. THE STATE OF BIHAR [LAWS(PAT)-2016-9-88] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJU KUMAR [LAWS(HPH)-2014-6-137] [REFERRED TO]
STATE VS. BANSI DHAR & ORS. [LAWS(DLH)-2013-7-623] [REFERRED TO]
LAKPAT VS. STATE OF U.P. [LAWS(ALL)-2014-8-62] [REFERRED TO]
STATE OF MAHARASHTRA VS. ANKUSH MARUTI SHINDE [LAWS(BOM)-2007-3-24] [REFERRED TO]
STATE OF MAHARASHTRA VS. TONY FERNANDES [LAWS(BOM)-2006-8-39] [REFERRED TO]
SITA RAM SON OF AADRAM VS. STATE OF HARYANA [LAWS(P&H)-2015-7-771] [REFERRED]
MAHADEO AND OTHERS VS. STATE [LAWS(ALL)-2016-5-272] [REFERRED]
CHANDRA PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2019-8-292] [REFERRED TO]
OM PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2019-2-274] [REFERRED TO]
HAR PRASAD VS. STATE OF U.P. [LAWS(ALL)-2019-10-155] [REFERRED TO]
NAYEEMULLAH AND 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2018-4-256] [REFERRED TO]
SUNIL KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-10-60] [REFERRED TO]
GIRISHBHAI ALIAS HARISHBHAI HIRALAL PATEL VS. NITIN SURESHBHAI PARANTE [LAWS(GJH)-2009-7-169] [REFERRED TO]
SHABNAM @ MUKRI @ ABDUL QAYUM VS. STATE [LAWS(DLH)-2013-5-14] [REFERRED TO]
RAM KUMAR PATHAK AND ORS. VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-10-112] [REFERRED TO]
STATE OF KARNATAKA VS. S. B. SHIVASHANKAR [LAWS(KAR)-2022-8-633] [REFERRED TO]
NANU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-5-238] [REFERRED TO]
CHAND KHAN VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-161] [REFERRED TO]
RAVADA SASIKALA VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2017-2-59] [REFERRED TO]
STATE OF PUNJAB VS. DIL BAHADUR [LAWS(SC)-2023-3-115] [REFERRED TO]
SHANTI LAL MEENA VS. STATE OF NCT OF DELHI, CBI [LAWS(SC)-2015-4-28] [REFERRED TO]
RAJ BALA VS. STATE OF HARYANA [LAWS(SC)-2015-8-31] [REFERRED TO]
THAKORE DASHRATHJI SHIVAJI VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-179] [REFERRED]
JUDGEMENT
Arijit Pasayat, J. -
(1.)Leave granted.
(2.)Of these two appeals, one is by the State of Gujarat and the other by the victim of the crime. They assail correctness of the judgment rendered by a Division Bench of the Gujarat High Court. By the impugned judgment while upholding the conviction recorded by the trial court the High Court reduced the sentence to the period already undergone; but awarded compensation to the victims.
(3.)Background facts in a nutshell are as under: On 30th March, 2002, first information report was lodged alleging that the respondents Pratapji and Jayantubha (hereinafter referred to as accused by their respective names) assaulted the informant Sameer Kumar and the appellant Shailesh Jasvantbhai causing serious injuries. On the basis of the information lodged, investigation was undertaken and the accused persons were tried for alleged commission of offence punishable under Sections 307, 324, 504 read with Section 114 of the Indian Penal Code, 1860 (in short the IPC) and Section 135 of the Bombay Police Act. The trial court held the accused persons to be guilty and sentenced each to undergo rigorous imprisonment for 10 years with fine of Rs. 3,000/- with default stipulation for the offences punishable under Sections 307 and 114 IPC. No separate sentence was imposed for the offences punishable under Sections 324 and 114 IPC. The accused persons were, however, acquitted of the charges relating to Section 504 IPC and Section 135 of the Bombay Police Act. The incident as described in the first information report and as unfolded during trial was that the incident in question happened on 30th March, 2002 when complainant Sameer Kumar and his friend appellant Shailesh were standing near a pan shop situated on Bhabhar Highway. After having their pans, both the accused came there and asked the complainant to pay the charges for their pans. A quarrel started as the complainant refused to accept the demand of the accused. Thereafter at about 9.30 p.m. on the next day, when complainant and his friends, Balmukund and Shailesh were standing at the pan shop situated opposite a PCO, both the accused came there, each was armed with a knife and started abusing the complainant. Accused No.2 Jayantubha caught hold of the complainant and accused No.1 Pratap gave knife blow on the right hand of the complainant. He also gave another blow on the left hand of the complainant. When the complainant shouted for help, appellant Shailesh intervened. Both the accused diverted their attention to Shailesh by inflicting blows with knife on him. Shailesh sustained injury on the left side of the neck and fell down on the ground. Thereafter Balmukund and Bharat also intervened. Accused thereafter fled. Both the injured were taken to Dr. Dhirajbhai (PW-1) for the treatment who also informed the police. The police thereafter recorded the complaint and started investigation, submitted the charge-sheet against accused. Trial was held as accused persons pleaded innocence. As noted above, the trial court found them guilty and convicted and sentenced them. Trial Courts judgment was assailed before the High Court.
(2.)Of these two appeals, one is by the State of Gujarat and the other by the victim of the crime. They assail correctness of the judgment rendered by a Division Bench of the Gujarat High Court. By the impugned judgment while upholding the conviction recorded by the trial court the High Court reduced the sentence to the period already undergone; but awarded compensation to the victims.
(3.)Background facts in a nutshell are as under: On 30th March, 2002, first information report was lodged alleging that the respondents Pratapji and Jayantubha (hereinafter referred to as accused by their respective names) assaulted the informant Sameer Kumar and the appellant Shailesh Jasvantbhai causing serious injuries. On the basis of the information lodged, investigation was undertaken and the accused persons were tried for alleged commission of offence punishable under Sections 307, 324, 504 read with Section 114 of the Indian Penal Code, 1860 (in short the IPC) and Section 135 of the Bombay Police Act. The trial court held the accused persons to be guilty and sentenced each to undergo rigorous imprisonment for 10 years with fine of Rs. 3,000/- with default stipulation for the offences punishable under Sections 307 and 114 IPC. No separate sentence was imposed for the offences punishable under Sections 324 and 114 IPC. The accused persons were, however, acquitted of the charges relating to Section 504 IPC and Section 135 of the Bombay Police Act. The incident as described in the first information report and as unfolded during trial was that the incident in question happened on 30th March, 2002 when complainant Sameer Kumar and his friend appellant Shailesh were standing near a pan shop situated on Bhabhar Highway. After having their pans, both the accused came there and asked the complainant to pay the charges for their pans. A quarrel started as the complainant refused to accept the demand of the accused. Thereafter at about 9.30 p.m. on the next day, when complainant and his friends, Balmukund and Shailesh were standing at the pan shop situated opposite a PCO, both the accused came there, each was armed with a knife and started abusing the complainant. Accused No.2 Jayantubha caught hold of the complainant and accused No.1 Pratap gave knife blow on the right hand of the complainant. He also gave another blow on the left hand of the complainant. When the complainant shouted for help, appellant Shailesh intervened. Both the accused diverted their attention to Shailesh by inflicting blows with knife on him. Shailesh sustained injury on the left side of the neck and fell down on the ground. Thereafter Balmukund and Bharat also intervened. Accused thereafter fled. Both the injured were taken to Dr. Dhirajbhai (PW-1) for the treatment who also informed the police. The police thereafter recorded the complaint and started investigation, submitted the charge-sheet against accused. Trial was held as accused persons pleaded innocence. As noted above, the trial court found them guilty and convicted and sentenced them. Trial Courts judgment was assailed before the High Court.
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