Petty Scuffle Case: Session Court sentences Accused for 10 years Imprisonment

Supreme Court Crime Death Sentence Jail Hand Criminal Law Law Insider

Chaini Parwani –

Published On: December 13, 2021 at 18:00 IST

A Sessions Court observed that act by the Accused forced a poor and dependent family to suffer, by bringing them on road and further Sentenced the man to ten years Jail.

The Court highlighted that even though the cause of the incident was minor, the Accused not only brought the weapon but attacked the victim on vital parts of the body under the heat of passion.

Further the Court noted that the offence under Section 304 part I of Culpable Homicide not amounting to Murder provides for Life Imprisonment but it would sentence him to the middle extent, pertaining to the Case.

Additional Sessions Judge DD Khoche acknowledged that the Accused 27-year-old Ashfaq Khan did not have any previous Criminal history and was the President of an Non-governmental Organisation agreeing to compensate to the victim’s family.

The Court imposed a fine worth Rs. 2,10,000 on him of which Rs. 2 lakhs would be paid as compensation, failing to which would sentence him 2 more years in Jail.

The Case came into light in 2016 when the victim Mushtaq Khan accidentally hit a plastic drum kept outside the scrap shop owned by the father of the three brothers and he was stabbed in his chest and belly by Ashfaq through a hooked instrument.

Further his brothers Imtiaz Khan and Sohel Khan started kicking Mushtaq.

The Court sentenced the brothers for three years of Imprisonment.

Also Read: Murder and Culpable Homicide under the Indian Penal Code, 1860

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