LAW FOR ALL

Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) - Quantum of sentence- Lower court sentenced to three years and six months rigorous imprisonment and fine of Rs.500/- and, in default of fine, for rigorous imprisonment for another one month - High court confirmed the lower court order and dismissed the appeal - Apex court set aside the order of High court and fixed the proper sentence on the appellant would be two years of rigorous imprisonment with fine of Rs.500/- and the default sentence of additional one month as the bullet injuries to PW1 not from the pistol of appellant - as the PW2 not suffered any bullet injuries she only receives minor abrasions due to fall but not by pellets - evidence given after 8 years of incident weak evidence on the latter part of Section 34 IPC on the participation in commission of the offence = Dilbagh Singh … Appellant (s) Versus State of Uttaranchal … Respondent (s) (Now State of Uttarakhand) = 2014 ( January - Vol - 1-D.B.) Judis.nic.in/ S.C./ file name =41158