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2006 Supreme(SC) 57
(BEFORE B.N. AGRAWAL AND A.K. MATHUR, JJ.)
OMANAKUTTAN - Appellant;
Versus
STATE OF KERALA -Respondent.
Criminal Appeal No. 125 of 2006,
decided on January 20, 2006
The court has the authority to modify the quantum of fine if the reason for the exemplary fine is not recorded.
Headnote:
Penal Code - Section 302 - Fine Modification
Fact of the Case:
The appellant was convicted under Section 302 of the Penal Code and sentenced to life imprisonment and a fine of Rs 50,000. The High Court confirmed the conviction and sentence. The appeal was made on the quantum of fine as no reason was recorded for the exemplary fine.
Finding of the Court:
The court upheld the conviction and sentence of imprisonment but reduced the fine to Rs 1000, in default, to undergo further imprisonment for a period of three months.
Issues: Conviction under Section 302, quantum of fine, reason for exemplary fine
Ratio Decidendi: The court found that the impugned order in relation to the fine required modification as no reason was recorded for the exemplary fine of Rs 50,000.
Final Decision: The appeal was allowed in part, upholding the conviction and sentence of imprisonment while reducing the fine to Rs 1000.
ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3. The trial court convicted the appellant under Section 302 of the Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs 50,000, in default, to undergo simple imprisonment for a period of five years. On appeal being preferred, the High Court confirmed the conviction and sentence. Hence, this appeal by special leave. In the present case, notice was issued only on the quantum of fine. Neither the trial court nor the High Court has recorded any reason for awarding exemplary fine of Rs 50,000.
This being the position, we are of the view that the impugned order in relation to fine is required to be modified.
4. Accordingly, the appeal is allowed in part and while upholding conviction and sentence of imprisonment awarded against the appellant, the sentence of fine awarded against him is reduced to Rs 1000, in default, to undergo further imprisonment for a period of three months.
