2022 (6) TMI 1037 - SC - Indian Laws

Attempt to commit suicide - offence under Section 55(a) of the Abkari Act and Section 309 IPC - HELD THAT - There are no reason to deviate from the finding of conviction returned by the learned trial Court and confirmed by the High Court under the impugned judgment. At the same time, taking into consideration the overall aspect of the matter and the fact that 23 years have been rolled by this time from the date of incident and also noticing that there are no criminal antecedents against the appellant as indicated in Para 20 of the impugned judgment, while upholding conviction under Section 55(a), consider it appropriate to modify the sentence to simple imprisonment of one year and to pay a fine of Rs. 1,00,000/( Rupees One Lakh only), in default of payment of fine, to further undergo simple imprisonment of six months. Appeal disposed off.

Summary

Issues:
1. Challenge to the judgment passed by the High Court of Kerala dated 24th November, 2020 in Criminal Appeal No. 460 of 2006.

Analysis:
The appellant was convicted for offences under Section 55(a) of the Abkari Act and Section 309 IPC. The trial court sentenced the appellant to undergo simple imprisonment for 3 years and pay a fine of Rs.1,00,000, along with additional penalties. On appeal, the High Court upheld the conviction but modified the sentence to 2 years of imprisonment and a reduced fine. The prosecution's case involved the appellant dealing with spirit along with co-accused, leading to the detection of illegal activities. The trial court found the appellant and other accused guilty based on evidence and documents presented during the trial.

The Supreme Court, after reviewing the record and statements of witnesses, including the accused appellant, found no reason to deviate from the conviction upheld by the trial court and the High Court. However, considering the time elapsed since the incident, the Court decided to modify the sentence. Despite upholding the conviction under Section 55(a) of the Abkari Act, the Court reduced the imprisonment term to one year and imposed a fine of Rs.1,00,000. In case of default in paying the fine, the appellant was directed to undergo further imprisonment for six months. The appeal was disposed of with this modification.

Additionally, the Court noted that the appellant had been granted exemption from surrendering earlier but now ordered the appellant to surrender and serve the remaining sentence within four weeks. Failure to surrender would result in appropriate legal action. Any pending applications were also disposed of as part of this judgment.