Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 149 Sentence/Sentencing – Appropriateness of sentences – Eight accused persons were charged with and tried for offences punishable u/ss. 148 302 304 Part-II and 323 of IPC for having causing death of deceased and causing injury on others |
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 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Sentence/Sentencing – Appropriateness of sentences – Eightaccused persons were charged with and tried for offencespunishable u/ss. 148, 149, 302, 304 Part-II and 323 of IPC forhaving causing death of deceased and causing injury on others –Trial Court convicted all the accused persons and sentenced themto rigorous imprisonment for life u/s. 302 r/w s.149 and one yearrigorous imprisonment u/s. 148 and six months rigorous imprisonmentu/s.323 r/w. s.149 – The High Court partially allowing the appealby the accused persons converted their conviction u/s. 302 r/w. s.149 IPC to s.304 Part II r/w. s.149 IPC and affirmed convictions u/s.148 and s.323 r/w. s.149 IPC – High Court observed that the casefell under Exception 4 to s.300 IPC – Appellants contended thatimpugned judgment gravely erred in adopting the standard ofsentence undergone, which resulted in widely different and disparateresults – On appeal, held: Appeals confined to the extent ofappropriateness of sentences undergone by different accusedpersons for causing the same offence – All eight accused haveundergone different periods under imprisonment varying from 9years to 11 months – Principle of proportionality should guide thesentencing process – In the instant case, the sentencing wasinexplicable – No rationale appeared from the reasoning of theHigh Court for this wide disparity – The judgment of High Courtfell into error having not considered the gravity of the offence –Having held all the accused criminally liable, u/s. 304 Part II r/ws.149 IPC and also not having found any distinguishing feature inthe form of separate roles played by each of them, the imposition ofthe “sentence undergone” criteria, amounted to aberration, andthe sentencing is for that reason, flawed – Considering totality ofcircumstances, appropriate sentence of five years rigorousimprisonment imposed – However, two accused (A-1 and A-6) havingserved more than that period, the impugned judgment, as far asthey are concerned is left undisturbed. . |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 587 |
Petitioner | Uggarsain |
Respondent | The State Of Haryana & Ors. |
SCR | [2023] 10 S.C.R. 74 |
Judgement Date | 2023-07-03 |
Case Number | 1378-1379 |
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