SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(SC) 728

UJJAL BHUYAN, ARUN PALLI
Mathu Alias Jagdish – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Abhay Prakash Sahay Lalan, Adv. Mr. Ashiesh Kumar, AOR Mr. Sandeep Malik, Adv.
For the Respondent(s): Mr. Akshat Kumar, AOR Ms. Anubha Dhulia, Adv.

Judgement Key Points

Key Points: - Injuries to the deceased were consistent only with falling into a dry canal with a rock-bed, not with being struck by stones that could be thrown (!) (!) (!) . - The accused’s actions fell under part II of Section 304 of the Indian Penal Code, as the act was done with knowledge that it was likely to cause death but without intention to cause death (!) (!) . - Three decades have passed since the incident, and the accused is now over 60 years of age and has already undergone imprisonment for over one and a half years (!) . - The Supreme Court reduced the sentence to the period already undergone while maintaining conviction, considering the delay, old age of the accused, and the nature of the act (!) . - The appeal was allowed only to the extent of modifying the sentence; the conviction was upheld (!) (!) .

What is the appropriate sentence for culpable homicide not amounting to murder when the accused is elderly and has already served substantial imprisonment?

Can time elapsed and age of the accused be considered grounds to reduce sentence in culpable homicide not amounting to murder?

What constitutes sufficient evidence to establish that injuries were caused solely by falling into a dry canal and not by throwing stones in culpable homicide not amounting to murder?


JUDGMENT

UJJAL BHUYAN, J.

This criminal appeal is directed against the judgment and order dated 25.07.2012 passed by the High Court of Uttarakhand at Nainital (briefly, ‘the High Court’ hereinafter) in Criminal Appeal No. 241/2002 (Manua @ Puran & Others Vs. State of Uttaranchal).

2. Be it stated that the three appellants and one Kaley alias Kaloo were prosecuted by the State under Section 304/34 of the Indian Penal Code, 1860 (IPC) in the Court of Sessions Judge, Dehradun (briefly, ‘the Sessions Court’ hereinafter) in Sessions Trial No. 86/1997. By the judgment and order dated 23.09.2002, the learned Sessions Court had acquitted Kaley alias Kaloo but convicted the other three accused Manua alias Puran, Ramu and Mathu alias Jagdish under Section 304/34 IPC and sentenced them to undergo rigorous imprisonment (RI) for a period of five years each and to pay fine of Rs. 2000.00 each with a default stipulation.

3. Aggrieved by their conviction and sentence, the three appellants had preferred Criminal Appeal No. 241/2002 before the High Court. By the impugned judgment and order, the High Court while affirming the conviction and sentence awarded to the three appellants, dismissed the crimina

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top