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1979 Supreme(SC) 304

A.P.SEN, V.R.KRISHNA IYER
Dharambir – Appellant
Versus
State Of U. P. – Respondent


Judgment

ORDER :- We are not impressed with the grounds urged before us and so dismiss the Special Leave Petition. The conviction being one under Section 302, Indian Penal Code the sentence awarded, namely, one of life imprisonment is beyond interference, conviction and sentence must, therefore, stand.

2. We, however, notice that the petitioners in this case are in their early twenties. We must naturally give thought to the impact on these two young lives of a life sentence which means languishing in prison for years and years. Such induration of the soul induced by indefinite incarceration hardens the inmates, not softens their responses. Things as they are, long prison terms do not humanise or habilitate but debase and promote recidivism. A host of other vices, which are unmentionable in a judgment, haunt the long careers of incarceration, especially when young persons are forced into cells in the company of callous convicts who live in sex-starved circumstances. Therefore, the conscience of the court constrains it to issue appropriate directions which are policy-oriented, as part of the sentencing process, designed to make the life of the sentence inside jail restorative of his c





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