VidhiSangh

Supreme Court of India · 08/04/2022

STATE OF RAJASTHAN versus BANWARI LAL AND ANOTHER

[2022] 5 S.C.R. 613 · 2022 INSC 410

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The State challenged reduction of an attempt-to-murder sentence from three years’ rigorous imprisonment to 44 days already served. The Court held that passage of time and the offender’s age could not alone justify a disproportionate sentence while ignoring the life-threatening skull injury. It condoned the State’s delay and restored the three-year term. The separate challenge to another accused’s probation failed because the State had not appealed that trial-court relief before the High Court.

Issues

  1. Whether the High Court had justified reducing the attempt-to-murder sentence to the period already served.
  2. Whether the State could challenge the co-accused’s probation for the first time before the Supreme Court after not appealing it in the High Court.

Provisions considered

Held

Result

State appeal allowed as to Banwari Lal: the three-year rigorous-imprisonment sentence under Section 307 was restored, with surrender within four weeks to serve the remainder. The appeal against Mohan Lal was dismissed. The State’s filing delay was condoned.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 613.