Supreme Court of India
Govindan v. State Represented by the Deputy Superintendent of Police
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What the Court ordered
For the aforesaid reasons, while confirming the conviction for offence under Section 304(ii) of the IPC, we modify the sentence to two years’ rigorous imprisonment and to pay a fine of Rs.5,000/-, in default to undergo three (03) months’ rigorous imprisonment.
Judgment, page 6
From the headnote
Sentence / Sentencing – Quantum of punishment – Appellant convicted by trial court u/s.304(II) IPC and sentence d to undergo rigorous imprisonment for ten years – Conviction an d sentence confirmed by High Court – Issue before Supreme Court li mited to quantum of punishment – Held: With regard to quantum of sent ence, it all depends on background facts of the case, anteced ents of the accused, whether the assault was pre-meditated and pre-planned or not, etc. – In the present case, there was a dispute with regard to pathway, which the complainant’s family members wer e claiming from the land
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