NDLI: The State of Madhya Pradesh Vs. Suresh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sentencing gravity of crime IPC s.304 Part II Principle of Proportionality
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sentencing – Principle of Proportionality – Case of the prosecution that the accused-respondent assaulted his father who later succumbed to the injury – Trial Court found the respondent guilty u/s.304 Part II, IPC and awarded him 3 years’ rigorous imprisonment while setting off the period of detention already undergone (3 months, 21 days) against the term of imprisonment imposed on him – High Court though upheld the conviction of the respondent but modified the sentence of 3 years’ rigorous imprisonment to that of the period already undergone i.e. 3 months and 21 days – On appeal, held: When an accused is convicted for the offence u/Part II of s.304, he could be sentenced to imprisonment for a term which may extend to a period of 10 years, or with fine, or both – In this case, the Trial Court chose to award 3 years’ rigorous imprisonment to the respondent – Punishment so awarded by the Trial Court was itself leaning towards leniency, essentially in view of the fact that the respondent was 26 years of age at the time of the incident in question – However, the High Court further reduced the punishment to the period already undergone – Further indulgence by the High Court, over and above the leniency already shown by the Trial Court was totally uncalled for – High Court omitted to consider the requirement of balancing the mitigating and aggravating factors while dealing with the question of awarding adequate punishment – Punishment to be awarded in a case has to be commensurate with the gravity of crime as also with the relevant facts and attending circumstances – Offending act in question had been of respondent assaulting his father and then the attempt to cover up the crime by taking his father to hospital and suggesting as if the victim sustained injury because of fall from the roof – Acts and deeds of the respondent had been of killing his own father and then, of furnishing false information – In such a case, there was no further scope for leniency on the question of punishment than what was already shown by the Trial Court – High Court not justified in reducing the sentence to an abysmally inadequate period of less than 4 months – Judgment of the High Court set aside and that of the Trial Court restored – Penal Code, 1860 – ss.201, 304 Part II, 302.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 240
Petitioner	The State Of Madhya Pradesh
Respondent	Suresh
SCR	[2019] 5 S.C.R. 836
Judgement Date	2019-02-20
Case Number	319

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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