2025 Supreme(SC) 113

SUPREME COURT OF INDIA
M.M. Sundresh, Rajesh Bindal, JJ.
Om Prakash & Anr. – Appellants
Versus
The State of Madhya Pradesh Home Department S.H.O. – Respondent
Criminal Appeal No. 771 of 2015
Decided On : 09-01-2025

The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.

Headnote:(A) Indian Penal Code, 1860 - Section 302 and Section 304 Part I - Conviction for murder - Trial Court convicted appellants under Section 302, sentencing them to life imprisonment, which was set aside by the High Court, convicting them under Section 304 Part I and sentencing them to 10 years of rigorous imprisonment - The Supreme Court upheld the High Court's conviction but modified the sentence considering the time elapsed since the occurrence and the time already served by the appellants. (Paras 2, 3, 4, 5, 6, 7)

(B) Sentencing - The court considered mitigating circumstances, including the significant time elapsed since the occurrence and the duration of imprisonment already served by the appellants, leading to a modification of the sentence to the time already undergone. (Paras 5, 6, 7)

Facts of the case:
The appellants were convicted under Section 302 of IPC by the Trial Court, which was later modified by the High Court to Section 304 Part I, resulting in a 10-year sentence. The incident occurred in 1985, and the appellants had served over five and a half years of their sentence.

Findings of Court:
The Supreme Court confirmed the conviction under Section 304 Part I but modified the sentence to the time already undergone by the appellants.

Issues: The main issue addressed was the appropriateness of the sentence given the time elapsed since the incident and the time served by the appellants.

Ratio Decidendi: The court ruled that the significant time elapsed since the occurrence and the duration of imprisonment already served warranted a modification of the sentence to the time already undergone while confirming the conviction.

Result: The appeal is allowed in part.