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TMI Blog2006 (1) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... Court reduced the sentence to the period already undergone; but awarded compensation to the victims. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws 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 (PW1) for the treatment who also informed the police. The police thereafter recorded the complaint and started investigation, submitted the chargesheet 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 Court's judgment was assailed before the High Court. During the hearing of the appeal before the High Court conviction was not questioned, but it was submitted that the accused Pratapji had appeared in Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins. Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a corner-stone of the edifice of order should meet the challenges confronting the society. Friedman in his Law in Changing So ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Judges in essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other considerations. Sometimes it is the correctional needs of the perpetrator that are offered to justify a sentence. Sometimes the desirability of keeping him out of circulation, and sometimes even the tragic results of his crime. Inevitably these considerations cause a departure from just desert as the basis of punishment and create cases of apparent injustice that are serious and widespread. Proportion between crime and punishment is a goal respected in principle, and in spite of errant notio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oolproof formula which may provide any basis for reasonable criteria to correctly assess various circumstances germane to the consideration of gravity of crime, the discretionary judgment in the facts of each case, is the only way in which such judgment may be equitably distinguished. In Dhananjoy Chatterjee v. State of W.B. (1994 (2) SCC 220), this Court has observed that shockingly large number of criminals go unpunished thereby increasingly, encouraging the criminal and in the ultimate making justice suffer by weakening the system's creditability. The imposition of appropriate punishment is the manner in which the Court responds to the society's cry for justice against the criminal. Justice demands that Courts should impose pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain highlighted. We find from the record that before learned Additional Sessions Judge, Deesa an affidavit was filed by the sub inspector of Police that accused Pratapji was involved in large number of cases and details of nine cases were given. Similarly it was stated that the accused no.2 Jayantubha, who was an accomplice of accused no.1 was also involved in nine cases. The trial court while dealing with the bail application filed by the accused also noted about the pendency of the cases. It further appears that during pendency of the trial the bail granted to accused Pratapji was cancelled for breach of conditions imposed by the court for grant of bail. These aspects do not appear to have been considered by the High Court. It proceede ..... X X X X Extracts X X X X X X X X Extracts X X X X
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