FIRST LAW

Penal Code, 1860 – Ss. 301 & 201 -  Motive - Circumstantial Evidence - deceased was seen alive in the company of appellant - appellant has confessed his crime and made a disclosure statement - recovery of shovel was not linked in commission of offence - The deceased was selling tea and refreshment and the possibility of shovel being in his shop is doubtful - The prosecution has failed to complete the chain in the present case from the very inception, the manner, in which, the deceased had died - Appeal is allowed - Judgment and order is set aside - appellant is acquitted by giving him the benefit of doubt.

Penal Code, 1860 - S.  325 - Punishment for voluntarily causing grievous hurt -  O nce the accused is held guilty of commission of offence punishable under Section 325 IPC, then imposition of jail sentence and fine on the accused is mandatory. In other words, the award of punishment would include both, i.e., jail sentence and fine. So far as jail sentence is concerned, it may extend upto 7 years as per Court’s discretion whereas so far as fine amount is concerned, its quantum would also depend upon the Court’s discretion.