NDLI: Jitendra @ Kalla Vs. State of Govt. of Nct of Delhi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Sentence/Sentencing: Trial of the appellant-accused foroffence under two FIRs – Trial court convicted the accused – Inboth the cases sentence of rigorous life imprisonment was imposed –In respect of the first case trial court directed that the accused wouldnot be considered for grant of remission till he underwent the actualsentence of 30 years – In respect of the second case trial courtdirected that the life sentence would start after the life sentence infirst case was over and was to continue for the rest of the life of theaccused – In High Court counsel for the accused stated that it didnot intend to challenge the findings on conviction and confined thechallenge to the sentence – High Court discussing the evidencefound that the accused was rightly convicted – In respect of lifesentences in the two cases High Court held that the sentences couldnot run consecutively in view of s. 427(2) of Cr.P.C. – Applying theprinciple of “just deserts” High Court reduced the sentence to theperiod already undergone i.e. 16 years and 10 months and directedto release the accused forthwith – High Court thereafter, correctedits judgment by deleting the portion, whereby it had reduced thesentence to the period already undergone and had directed releaseof the accused, as a typographical mistake – In appeal, accusedchallenged the modification order regarding the sentence and alsochallenged the conviction – Plea of accused that the statement ofthe counsel for the accused before High Court for not pressingchallenge to his conviction, was made without such instruction fromthe accused – Held: Court records show that statement was madeby the counsel on the instruction from the accused – However,notwithstanding such statement High Court had considered thematter on merit and held that conviction order by trial court wasjustified – The alteration of the punishment to the period alreadyundergone, was not a typographical mistake – Therefore modification of its order by the High Court was beyond its jurisdiction – In view of s. 427 of Cr.P.C. order of consecutivesentences could not have been passed – However, High Court wasnot correct in removing the cap of 30 years – Thus, conviction isupheld; the life sentences would run concurrently and the accusedwould not have a right to seek remission till the completion of 30years of RI – Code of the Criminal Procedure, 1973 – ss. 31 and427.Remission of Sentence – Discussed.Code of Criminal Procedure, 1973: s. 427 – Life sentences –Held: Cannot be given consecutively – They shall run concurrently –Sentence/Sentencing.
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2018 INSC 997
Petitioner	Jitendra @ Kalla
Respondent	State Of Govt. Of Nct Of Delhi
SCR	[2018] 12 S.C.R. 622
Judgement Date	2018-10-25
Case Number	2133

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Jitendra @ Kalla Vs. State of Govt. of Nct of Delhi

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Jitendra @ Kalla Vs. State of Govt. of Nct of Delhi

Jitendra @ Kalla Vs. State of Govt. of Nct of Delhi

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