2015 CRI. L. J. (NOC) 459 (KAR.) ::2015 (3) AKR 205

Karnataka High Court

Hon'ble Judge(s): Mohan Shantanagoudar, Pradeep D. Waingankar , JJ

(A) Indian Penal Code (45 of 1860) S. 307, 326 — Attempt to murder or voluntarily causing grievous hurt — Intention of accused — Accused allegedly assaulted victim with lethal weapon like chopper — Injury report of victim disclosing that he had sustained injuries grievous in nature — Injuries sustained were not on vital organs of body — Victim had also sustained as many as seven fractures — Doctor treating victim have not deposed that injuries sustained would have resulted in death if emergency treatment was not given — Not single injury being found on vital part of body, it cannot be said that accused had intention to commit murder of victim — Conviction of accused for offence under S 326 of Penal Code and not under S 307 of Penal Code, proper (Para 12,14)

(B) Indian Penal Code (45 of 1860) S. 326 — Voluntarily causing grievous hurt — Sentence — Victim assaulted mercilessly while going to his house on motorcycle after completion of work — Victim unarmed, had sustained severe injuries — Absolutely no provocation on part of victim during relevant point of time — Accused had come to spot fully prepared, armed with weapons — Sentence of imprisonment of three years, proper (Para 16)

(C) Criminal P. C. (2 of 1974) S. 372 , Proviso — Right of appeal — Victim can file appeal only for compensation or enhancement of compensation — Appeal cannot be filed seeking enhancement of sentence (Para 16)