1. Conviction under Sections 307 and 326 of the Indian Penal Code — Appeal against sentence. (Para 2 )
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2000 Supreme(SC) 837
SUPREME COURT OF INDIA
K.T.Thomas : R.P.Sethi
Beyas Mahto
Versus
State Of Bihar
Case No. : 391 of 2000
Date of Decision : 4/24/00
Important Points
The court may reduce a convict's sentence to the period already undergone as a special case, taking into account the convict's advanced age and poor physical health.
Subject
Criminal Law - Sentencing
Act Referred
Headnote
Indian Penal Code, 1860-Sections 307 and 326-Conviction confirmed upto High Court-Court declined to interfere with conviction-However, Considering the appellant's age being 90 and is suffering from some disease and having undergone imprisonment for a period exceeding two months it is not expedient to put him back in jail-Sentence reduced to a period already gone by him as a special case considering his old age. (Para 3)
Legal Category Hierarchy
Table of Contents
2. Submission for reduction of sentence based on the advanced age and physical health of the appellant. (Para 3 )
3. Advanced age and physical condition of the appellant make further imprisonment inexpedient. (Para 3 )
4. Sentence may be reduced to the period already undergone as a special case considering the very advanced age and physical condition of the convict. (Para 3 )
5. Sentence reduced to period already undergone, subject to payment of fine or further simple imprisonment in default. (Para 3 )
6. Can a convict's advanced age and health be grounds for sentence reduction?
Yes, the court may reduce a sentence to the period already undergone as a special case if the convict's very advanced age and physical condition make further imprisonment inexpedient. (Para 3 )
7. Can a sentence be reduced on humanitarian grounds even if the conviction is affirmed?
Yes, the court may reduce the sentence as a special case based on the convict's age and health, regardless of whether the conviction itself is interfered with. (Para 2 , 3 )
JUDGMENT
K.T.THOMAS, J.
(1) LEAVE granted.
(2) THIS appellant and the other three accused were convicted under Sections 307 and 326 and some other lesser offences of the Indian Penal Code. The High Court affirmed the conviction but reduced the sentence to imprisonment for three years. We are not inclined to interfere with the conviction as the special leave petition filed by the other three accused has been dismissed.
(3) SO far as this appellant is concerned, learned counsel submits that the appellant is now aged 90. In support of that submission he has invited our attention to a medical certificate issued by Dr. R. S. Gupta, Civil Asst. Surgeon who certified that the appellant is 90 years old and is suffering from some diseases mentioned in the certificate. Learned Counsel also submitted that the appellant has undergone imprisonment in connection with this case for a period exceeding two months. Considering the age and physical condition of this appellant we do not think it expedient to put him back in jail. We adopt this case, particularly, when the special leave petition of all the other accused has been dismissed. We, therefore, reduce the sentence of the appellant to the period already undergone by him as a special case considering his very advanced age. However, the reduction of sentence is on a condition that the appellant will pay the fine imposed on him within four weeks from today, and in default of payment of fine, he will undergo simple imprisonment for three months.
(4) THE appeal is disposed of in the above terms.
