TMI Blog1955 (9) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, on admitting the appeal for hearing, issued notice to the appellant to show cause why the sentence should not be enhanced. The appeal and the revision were heard together. The appeal was dismissed and the High Court enhanced the sentence to ten years. Now, though no limitation has been placed on the High Court s power to enhance it is nevertheless a judicial act and, like all judicial acts involving an exercise of discretion, must be exercised along, well known judicial lines. The only question before us is whether those lines have been observed in the present case. The facts that have been found by the Sessions Judge and accepted by the High Court are to be found in the opening paragraph of the learned Sessions Judge s judgment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neck after his arrival in my hospital. Speaking:of the inJurieis, the doctor said- Injuries 2 and 3 on the person of Pheru which were incised wounds were not punctured. It was not possible to inflict them from a sharp pointed weapon . The appellant was also examined by the doctor and a slight simple injury, which could have; been caused by a simple blunt weapon, was discovered. This indicates that there was a scuffle between the appellant and the deceased, in which the appellant was hit over the nose and, up to a point, bears out what the appellant says in his defence, namely that Pheru was beating the appellant s son Rup Chand; he went there and tried to extricate Rup Chand; Pheru started beating him (the appellant) and he, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut they were caused at a time when the parties were in a heat and there was a sudden fight and no room for premeditation . Because of this, and seeing that there was no reason to infer pre-concert, he acquitted the other accused, and by reason of those circumstances he considered that three years would be sufficient punishment and sentenced the appellant accordingly. This was on 17-11-1952. The appellant filed an appeal to the High Court on 1.8-12- 1952 and that Court thereupon issued notice to him to show cause why the sentence I should not be enhanced. The High Court directed enhancement on 7-1-1954. On the same day the State Government ordered the release of the appellant on probation, under section 2 of the U.P. Prisoners Rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possible that the injury was due to Pheru s attempt to ward off an attack by the appellant, then it must be equally possible that it was received in the course of a, scuffle. The appellant very definitely says in his examination that there was a fight and the abrasion on his nose which the doctor says was caused by a blunt weapon, bears out his version that Pheru struck him with his fist. The circumstances also indicate that there must have been a scuffle. Why else should it be necessary for the second accused to come and hold him down by the waist? When villagers or any man for that matter, come to blows after hot words and an interchange of abuse, there is nearly always resistance to the initial attack. Very rarely does a man turn the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Code, and not under section 302. A question of a sentence is a matter of discretion and it is well settled that when discretion has been properly exercised along accepted judicial lines, an appellate court should not interfere to the detriment of an accused person except for very strong reasons which must be disclosed on the face of the judgment; see for example the observations in Dalip Singh v. State of Punjab([1954] S.C.R. 145, 156) and Nar Singh v. State of Uttar Pradesh ([1955] 1 S.C.R. 238, 241). In a matter of enhancement there should not be interference when the sentence passed imposes substantial punishment. Interference is only called for when it is manifestly inadequate. In our opinion, these principles have not been observe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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