Case Note & Summary
The State of Karnataka filed an appeal under Section 377 of the Code of Criminal Procedure, 1973 (CrPC) against the judgment dated 18.02.2010 passed by the Principal District and Sessions Judge, Bangalore Rural District in S.C.No.13/2005. The respondents (accused Nos.1, 2 and 3) were convicted for the offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (IPC) for causing the death of a person. The trial court sentenced them to imprisonment for the period already undergone (which was about 3 years 6 months) and to pay a fine of Rs.10,000 each, in default to undergo simple imprisonment for six months. The State contended that the sentence was grossly inadequate and sought enhancement. The High Court, after hearing the parties, observed that the sentence of imprisonment already undergone was not adequate considering the nature of the offence. The court noted that the respondents had been in custody for about 3 years 6 months and that the incident resulted in loss of life. The High Court held that the ends of justice would be met by enhancing the sentence to rigorous imprisonment for 5 years. Accordingly, the appeal was allowed, the sentence was enhanced, and the respondents were directed to surrender to serve the remaining sentence. The court also confirmed the fine and default sentence imposed by the trial court.
Headnote
A) Criminal Procedure Code - Appeal against inadequacy of sentence - Section 377 CrPC - State appeal - The State filed an appeal under Section 377 CrPC seeking enhancement of sentence imposed on respondents for offence under Section 304 Part II IPC. The trial court had convicted the accused but sentenced them to imprisonment already undergone (about 3 years 6 months) and fine. The High Court held that the sentence was inadequate considering the gravity of the offence and enhanced the sentence to 5 years rigorous imprisonment. (Paras 1-5) B) Indian Penal Code - Culpable homicide not amounting to murder - Section 304 Part II IPC - Sentence - The respondents were convicted for causing death by rash and negligent act. The High Court, while confirming conviction, found that the sentence of imprisonment already undergone was not commensurate with the offence and enhanced it to 5 years rigorous imprisonment. (Paras 2-5)
Issue of Consideration
Whether the sentence imposed by the trial court for the offence under Section 304 Part II IPC was inadequate and requires enhancement.
Final Decision
The appeal is allowed. The sentence imposed by the trial court is modified. The respondents are sentenced to rigorous imprisonment for 5 years for the offence under Section 304 Part II IPC. The fine and default sentence imposed by the trial court are confirmed. The respondents are directed to surrender before the trial court to serve the remaining sentence.
Law Points
- Section 377 CrPC
- Section 304 Part II IPC
- Inadequacy of sentence
- Enhancement of sentence
- Culpable homicide not amounting to murder
