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Naresh v. The State of Madhya Pradesh

Criminal Appeal · 2018 INSC 151Decided 15 Feb 2018
Criminal Appeal No. 272 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant was convicted under Section 325 IPC and sentenced to one year's imprisonment plus a fine, a sentence upheld by the Madhya Pradesh High Court. Before the Supreme Court, his counsel pointed out that in a related "counter case" arising from the same incident, the other accused (Munnalal) had received only a token sentence till the rising of the court through a National Lok Adalat settlement, and that the parties had since made peace with no ongoing law-and-order issue. The Court directed the local police station officer to personally confirm this on record.

Decision Breakdown

The investigating Station House Officer appeared before the Court and confirmed that the parties had genuinely settled their dispute and that the co-accused in the counter case had indeed received only a nominal sentence for the same incident. On this basis, the Supreme Court held that fairness required the appellant's sentence to be brought in line with the lighter sentence given to the other side, and accordingly modified his sentence to the period of imprisonment already undergone, ordering his release unless he was wanted in any other case. The appeal was disposed of in these terms.

Lesson Learnt

Where two sides to the same altercation are prosecuted in separate "cross cases," courts can and will intervene to correct glaring sentencing disparities between the two accused for the same incident, especially once the parties have genuinely reconciled.

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

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