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Bharwad Navghanbhaj Jakshibhai & Ors. v. State of Gujarat

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 783-784 of 2016)Decided 29 Aug 2016
Criminal Appeal Nos. 783-784 of 2016
Justice Dipak Misra · Justice Uday Umesh Lalit

Background

Fourteen people were tried for a 2007 attack in Gujarat in which a group armed with a pistol, a sickle (dharia) and sticks assaulted an elderly man, Gelabhai, over a prior grudge involving a motorcycle accident, causing him multiple fractures and wounds. The trial court convicted all accused and imposed fines and prison terms, including two years' imprisonment under Section 326 (grievous hurt) read with Section 149 IPC. The Gujarat High Court upheld the convictions but enhanced the Section 326 sentence to five years. The convicted persons then appealed to the Supreme Court, while the original accused No. 1 had died during the appeal.

Decision Breakdown

The Supreme Court upheld the convictions, agreeing with the High Court that once membership of an unlawful assembly with a common object is proved, individual overt acts need not be separately established, all members are vicariously liable under Section 149 IPC. However, considering that the injured man, though elderly, survived without permanent injury, and that nine years had passed since the incident, the Court restored the trial court's original two-year sentence (rather than the High Court's enhanced five years) but significantly increased the compensation payable to the victim: each appellant was directed to pay Rs. 55,000 in compensation within two months, with default triggering an additional year's imprisonment. The appeals were accordingly allowed in part, modifying only the sentence/compensation balance.

Lesson Learnt

Being part of a mob with a shared unlawful purpose makes every member criminally responsible for injuries caused by the group, even without personally striking the blow; and where a long time has elapsed since the offence, courts may balance justice by favouring higher financial compensation to the victim over harsher imprisonment, rather than simply enhancing jail time.

Official source (sci.gov.in)View Judgment (PDF)

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