Case Note & Summary
The Supreme Court heard an appeal by accused A1 to A3 in Sessions Case No. 20 of 2004, convicted under Sections 324, 326, and 308 read with Section 34 IPC. The Trial Court sentenced them to five years rigorous imprisonment for offences under Section 308 and 326 IPC, with fine and compensation. The High Court confirmed conviction but reduced sentence to three years and compensation to Rs.25,000 each. The Supreme Court issued notice limited to quantum of sentence. Appellants 1 and 2 had already served sentence, so the appeal was pressed only for appellant No.3. The Court noted the incident occurred on 13.01.2002, appellant No.3 had served over two years, and considering the totality of facts, reduced the sentence to period already undergone and reduced compensation to Rs.5,000 each for offences under Section 308 read with Section 34 IPC and Section 326 IPC. The conviction was maintained.
Headnote
A) Criminal Law - Sentence Modification - Quantum of Sentence - Sections 308, 326, 34 IPC - Incident occurred on 13.01.2002; appellant No.3 served more than two years; Supreme Court reduced sentence to period already undergone and reduced compensation from Rs.25,000 to Rs.5,000 each for offences under Section 308 read with Section 34 IPC and Section 326 IPC, considering totality of facts and circumstances (Paras 11-12).
Issue of Consideration
Whether the sentence and compensation awarded to appellant No.3 should be reduced considering the period already served and the age of the incident.
Final Decision
Supreme Court partly allowed appeal for appellant No.3: maintained conviction but reduced sentence to period already undergone; reduced compensation for offence under Section 308 read with Section 34 IPC to Rs.5,000 and for offence under Section 326 IPC to Rs.5,000, payable within two months to PW-1.
Law Points
- Sentence modification
- quantum of sentence
- compensation reduction
- Section 308 IPC
- Section 326 IPC
- Section 34 IPC
Case Details
2020 LawText (SC) (11) 25
Criminal Appeal No.800 of 2020 (Arising out of S.L.P.(Crl.)No.4500 of 2019)
Ashok Bhushan, R.Subhash Reddy
Adolf Mathew for appellants, Nishe Rajen Shonker for State of Kerala
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Nature of Litigation
Criminal appeal against conviction and sentence for offences under Sections 324, 326, 308 read with Section 34 IPC.
Remedy Sought
Appellants sought reduction of sentence and compensation.
Filing Reason
Aggrieved by conviction and sentence imposed by Trial Court and confirmed by High Court.
Previous Decisions
Trial Court convicted and sentenced to five years rigorous imprisonment; High Court confirmed conviction but reduced sentence to three years and compensation to Rs.25,000 each.
Issues
Whether the sentence and compensation awarded to appellant No.3 should be reduced considering the period already served and the age of the incident.
Submissions/Arguments
Appellant No.3 argued insufficient evidence, no light at scene, apprehension after 10 months, relatives involved, poor economic condition, and requested leniency.
Respondent-State argued multiple fractures inflicted, no interference warranted.
Ratio Decidendi
Considering the incident occurred on 13.01.2002, appellant No.3 served more than two years, and totality of facts and circumstances, sentence reduced to period already undergone and compensation reduced.
Judgment Excerpts
Considering the fact that the incident occurred on 13.01.2002 and the 3rd appellant herein has already served more than two years of sentence, and further considering the totality of facts and circumstances of the case, we are of the view that it is a fit case to modify the sentence and reduce the compensation.
While maintaining the conviction ... we reduce the sentence imposed on the 3rd appellant, for the period already undergone.
Procedural History
Trial Court convicted and sentenced on 20.04.2004; High Court confirmed conviction and modified sentence on 23.02.2018; Supreme Court granted leave and issued notice on quantum of sentence on 06.05.2019; final judgment on 20.11.2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 324, 326, 308, 34
