NDLI: Pramod Kumar Mishra Vs. The State of U.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sentence/sentencing
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration:Appellant convicted u/s. 307 IPC and sentenced to undergo 5years rigorous imprisonment, whether the sentence imposedby the Trial Court and as upheld by the High Court is just andproper.Sentence/sentencing – Trial Court convicted A-2 (appellant)u/s. 307 IPC and sentenced him to undergo 5 years rigorousimprisonment – Conviction and order of sentence of appellantconfirmed by the High Court – Limited question before theSupreme Court regarding the quantum of sentence:Held: It is a well-established principle that while imposingsentence, aggravating and mitigating circumstances of a caseare to be taken into consideration – 39 years have passedsince the date of offence and both the other accused personshave come to be acquitted – It is a matter of record that therewas old enmity between the complainant and A1 relating to thepiece of land where the offence came to be committed, whilepertinently, the appellant (A2) is the nephew of A1 – There areno criminal antecedents of the appellant that have been broughton record – Further, from the record, it cannot be said that theappellant acted in a premeditated manner – Therefore, in theinterest of justice and in consideration of the above mentionedmitigating factors, this Court reduces the sentence imposed onthe appellant-accused from 5 years rigorous imprisonment to 3years of rigorous imprisonment. [Paras 21, 22, 23]
Judge	Hon'ble Mr. Justice Sanjay Karol
Neutral Citation	2023 INSC 791
Petitioner	Pramod Kumar Mishra
Respondent	The State Of U.p.
SCR	[2023] 14 S.C.R. 386
Judgement Date	2023-09-04
Case Number	2710

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