Hans Raj vs State Of Uttar Pradesh - 2025 Supreme(SC) 1505

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1505

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Hans Raj – Appellant
Versus
State Of Uttar Pradesh – Respondent

ORDER

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellant along with co-accused was convicted for the offence punishable under Section 302 read with Section 34 of the INDIAN PENAL CODE , 1860 (for short, 'the IPC'). The incident is of 1st October, 1986. The judgment of the Trial Court is of 9th September, 1991. The appeal against conviction preferred by the appellant was admitted by the High Court and he was granted benefit of suspension of sentence pending the appeal. The appeal came up for hearing before the High Court after lapse of 28 years.

4. By the impugned judgment, the conviction of the appellant was altered to the offence punishable under Section 304(II) of the IPC. The appellant was sentenced to undergo imprisonment for a period of five years.

5. As stated earlier, the incident is of the year 1986. Today, the age of the appellant is about 84 years. Therefore, in the peculiar facts of the case of the appellant, we deem it proper to reduce the sentence of the appellant to two years.

6. Accordingly, the impugned judgment is modified. While confirming the conviction, the sentence of the appellant is reduced to two years. We grant time of six we

Click Here to Read the rest of this document