Dilbagh Singh v. State of Uttaranchal, now Uttarakhand

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 156 of 2014)Decided 17 Jan 2014
Criminal Appeal No. 156 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

Two brothers were accused of firing at a man and his sister working in their field in 1993. After one brother died during trial, Dilbagh Singh was convicted of attempted murder with common intention and sentenced to three years and six months' rigorous imprisonment. The Supreme Court agreed to examine only the length of his sentence.

Decision Breakdown

The Supreme Court reduced the imprisonment to two years while retaining the Rs. 500 fine and the additional month's imprisonment in default of payment. It gave particular weight to the finding that the injured man's bullet wounds were not caused by the appellant's pistol. The sister's minor abrasions resulted from falling rather than gunfire, and the Court also considered the age of the incident and weaknesses in the evidence about the appellant's participation under the common-intention provision. This was sentencing relief within the limited appeal; the conviction was not set aside.

Lesson Learnt

A sentence can depend on the proved role of the individual accused, even where several people acted together. A reduction in punishment should not be confused with an acquittal or a finding that no offence occurred.

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