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M. M. SUNDRESH, RAJESH BINDAL
Om Prakash – Appellant
Versus
State of Madhya Pradesh Home Department S. H. O. – Respondent
ORDER :
1. We have heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the State.
2. This is a case where the Trial Court had convicted the appellants under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), sentencing them to imprisonment for life.
3. The High Court in the impugned judgment has set aside the same and rendered a conviction under Section 304 Part I of the IPC, sentencing the appellants to 10 years of rigorous imprisonment. This appeal has been preferred thereafter.
4. Though the learned counsel appearing for the appellants made arguments on merits, we are not inclined to interfere with the conviction per se as the High Court has rightly taken into consideration the relevant material on record, including the evidence of the eye witnesses.
5. That leaves us with the question of sentence. The occurrence took place in the year 1985. Nearly 40 years have elapsed since then. The appellants have undergone more than five and a half years out of the sentence of 10 years.
6. Considering the aforesaid mitigating circumstances, we are inclined to modify the sentence to the one already undergone.
7. Accordingly, the sentence im
The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.
Murder – There cannot be any sentence/punishment less than imprisonment for life if an accused is convicted for offence punishable under Section 302 IPC.
The court upheld the High Court's acquittal of murder charges and affirmed the conviction under lesser charges, emphasizing the sufficiency of time served by the accused.
Grievous hurt – Sentence can be reduced to period already undergone keeping in view mitigating circumstances of case.
The court modified the sentence to the period already undergone while upholding the conviction under Section 304A IPC.
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