NABI BUX Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave limited only to the question whether the High Court was justified in enhancing the sentences.

(2.) The appellants Nabi Bux, Noor Mohammad and Ismail Khan were tried by the Additional Sessions Judge, Rajgarh on charges under section 307 read with section 34 of the Indian Penal Code for attempting to commit the murder of Bapu in furtherance of their common intention and also under section 325 read with section 34 of the Indian Penal Code for causing grievous hurt to Chunia in furtherance of their common intention. The appellants were acquitted on the charge under section 307/34 of the Indian Penal Code. They were convicted on two charges under section 325/34 of the Indian Penal Code for causing grievous hurt to Bapu and Chunia. They were sentenced to undergo imprisonment for six months each and a fine of Rs. 500/- each with six months rigorous imprisonment in default.

(3.) The High Court on appeal maintained the conviction and in exercise of powers under section 423 (1A) of the Code of Criminal Procedure enhanced the sentence to rigorous imprisonment for two years. The High Court said that the learned trial Judge had taken a lenient view in awarding the sentences to the appellants. Bapu who was one of the victims sustained three fractures on his left temporal, parietal and occipital bones and totally lost his power of speech. The High Court said that for such serious offences committed by the appellants they were awarded a sentence of six months rigorous imprisonment only by the learned trial Judge.