Case Note & Summary
The Supreme Court considered an appeal against concurrent conviction under Section 307 read with Section 34 IPC for attempt to murder, where the appellants were sentenced to 14 years rigorous imprisonment and fine. The Court had earlier limited the appeal to the question of sentence. The victim suffered a gunshot injury to the spine resulting in paralysis. The Court examined Section 307 IPC, which provides three sentencing options: (i) for attempt simpliciter, imprisonment up to ten years and fine; (ii) if hurt is caused, either life imprisonment or the punishment in (i); (iii) if hurt caused by a life-convict, death. The Court held that when the trial court and High Court did not impose life imprisonment, the maximum sentence imposable is ten years. The sentence of 14 years was therefore illegal. The Court reduced the sentence to ten years rigorous imprisonment, maintaining the fine. The appeal was allowed in part.
Headnote
A) Criminal Law - Attempt to Murder - Sentencing - Section 307 Indian Penal Code, 1860 - Maximum Sentence When Life Imprisonment Not Imposed - The issue was whether a sentence of 14 years rigorous imprisonment under Section 307 IPC is permissible when the court does not impose life imprisonment. The Supreme Court held that the second part of Section 307 IPC, which applies when hurt is caused, provides only two options: life imprisonment or the punishment mentioned in the first part (imprisonment up to ten years and fine). Therefore, a sentence exceeding ten years is impermissible. The Court reduced the sentence from 14 years to 10 years rigorous imprisonment, maintaining the fine. (Paras 2-9) B) Criminal Law - Attempt to Murder - Interpretation of Statute - Section 307 Indian Penal Code, 1860 - Three Types of Sentences - Section 307 IPC prescribes three types of sentences: (i) for attempt simpliciter, imprisonment up to ten years and fine; (ii) if hurt caused, either life imprisonment or the punishment in (i); (iii) if hurt caused by a life-convict, death. The Court emphasized that the legislature intended proportionality, and when life imprisonment is not imposed, the maximum is ten years. (Paras 4-7)
Issue of Consideration
Whether a convict under Section 307 IPC can be sentenced to imprisonment beyond ten years when the court does not impose life imprisonment.
Final Decision
The Supreme Court allowed the appeal in part, converting the sentence of 14 years rigorous imprisonment to 10 years rigorous imprisonment. The fine and default sentence were maintained. The conviction under Section 307 read with Section 34 IPC was upheld.
Law Points
- Section 307 IPC prescribes three types of sentences: imprisonment up to 10 years for attempt simpliciter
- imprisonment for life or up to 10 years if hurt caused
- and death if hurt caused by life-convict. When court decides not to impose life imprisonment
- maximum sentence is 10 years. Sentence of 14 years is illegal.
