Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.396 r/w s.34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.396 r/w s.34 – Dacoity with murder – Five accused – Dacoity in shop of PW1 – Deceased was sleeping inside the shop – A2 held the legs of deceased, while A4 sat on his chest and strangled him to death – Trial court convicted all the five accused inter alia u/s.396 r/w. s.34 and sentenced them to imprisonment for ten years – High Court while affirming the conviction, enhanced the sentence of imprisonment from ten years to imprisonment for life – Held: In course of commission of dacoity, if a dacoit commits murder, all his companions who are conjointly committing dacoity, are liable to be convicted u/s.396, although they may have no participation in the murder beyond the fact of participation in the dacoity – Offence u/s.396 is to be viewed with seriousness, especially, when dacoits are armed, however, in the present case, the accused were not armed – Considering the long lapse of time, as the occurrence was of year 2002 and the facts and circumstances of the case, conviction u/s. 396 is maintained but sentence of imprisonment for life imposed upon A1, A2 and A4 is modified as ten years, as directed by trial court. Sentencing – Imposition of sentence u/s.302 vis-a-vis u/s.396, IPC– Discretion vested with Court – Scope – Held: Obligation of Court in the matter of imposing sentence- “death or imprisonment for life” is in the same sequence both for ss.302 and 396 – Though offence u/s.396 is to be viewed with seriousness, for conviction under it, larger discretion is vested with the Court as there is possibility of imposing a penalty lesser than death or imprisonment for life– Penal Code, 1860 – s.302, s.396 r/w s.34. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 158 |
Petitioner | Shajahan |
Respondent | State Rep. By Inspector Of Police |
SCR | [2018] 2 S.C.R. 661 |
Judgement Date | 2018-02-16 |
Case Number | 697-98 |
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