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Naresh & Ors. v. The State of Uttarakhand & Ors.

Criminal Appeal · 2018 INSC 417Decided 25 Apr 2018
Criminal Appeal Nos. 394-395 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Four accused, Naresh, Suresh, Ashish@Sheshraj, and Rajendra, were acquitted by the Trial Court but later convicted by the Allahabad High Court (sitting at Nainital) on appeal by the State and the complainant, for offences including attempt to murder and causing hurt, arising out of an assault on one Tej Singh (since deceased). The convicted accused appealed to the Supreme Court against their conviction and sentence.

Decision Breakdown

The Supreme Court upheld the conviction of appellants Naresh, Ashish@Sheshraj, and Rajendra but reduced their jail sentence to time already undergone, while enhancing the fine payable to the legal heirs of the deceased victim to Rs. 75,000 each (total Rs. 2,25,000), with a default clause reviving the original sentence if the fine was not paid within three months. For appellant Suresh, who was suffering from advanced lung cancer, the Court found his individual role not established beyond reasonable doubt and restored the Trial Court's acquittal, setting him free. A connected appeal (Crl. Appeal No. 396/2018) was disposed of in terms of this judgment.

Lesson Learnt

Even after upholding a conviction, appellate courts retain discretion to moderate the sentence (e.g., substituting further imprisonment with an enhanced fine) based on individual circumstances such as time already served, while still scrutinizing each co-accused's role separately rather than treating them as a single undifferentiated group.

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

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