March 27,2018:
On Monday, Supreme Court expounded that,"Punishment for murder as per Section 302 of Indian Penal code is death or life imprisonment and any punishment less than the life imprisonment is illegal and without the authority of law".
SC Bench noted that,“We are surprised to find as to how the Sessions Judge could award 10 years’ jail sentence to the appellant for commission of offence of murder punishable under Section 302 IPC.”
Apex Court Bench comprising of Justice RK Agarwal and Justice AM Sapre was hearing an appeal against judgment of Gujarat HC wherein High Court had overturned the judgment passed by the trial court.
Sessions Judge has sentenced the accused to 10 years of imprisonment but High Court had enhanced the same to “life imprisonment.”
The High Court had expounded that,“We find this appeal has to be inevitably allowed and the punishment of ten years’ R.I. as imposed by the trial Court has to be increased and brought to the level of minimum punishment to be imposed under Section 302 of IPC i.e., rigorous imprisonment for life.”
Apex Court Bench in its judgment affirmed reasoning given by Gujarat High Court.
SC Bench expounded that,"Punishment for murder is death or life imprisonment and any punishment less than life imprisonment as prescribed under Section 302 IPC is illegal and without authority of law".
Bench further added that,“Section 302 IPC, in clear terms, provides that “whoever commits murder shall be punished with “death” or “imprisonment for life” and shall also be liable to “fine”.
Apex Court Bench while dismissing the Appeal, held that High Court was justified in modifying the sentence awarded to the appellant.
Read Judgment @LatestLaws.com:
SC Judgment on Punishment for Murder (Downloadable PDF)
SC Judgment on Punishment for Murder by Latest Laws Team on Scribd
Picture Source :
