Summary
The Supreme Court upheld enhancement of the sentence for murder from ten years’ rigorous imprisonment to life imprisonment. Section 302 IPC permitted death or life imprisonment and fine, leaving no discretion to impose the lesser term while maintaining that conviction. The High Court complied with the accused’s opportunity requirement in the State’s enhancement appeal: he had personal notice, failed to appear, and was represented by an appointed amicus. The claim of inadequate preparation time lacked supporting material.
Issues
- Whether the accused received the opportunity required in a State appeal seeking sentence enhancement.
- Whether ten years’ imprisonment could lawfully be imposed for an unchanged section 302 conviction.
Provisions considered
- Section 302, Indian Penal Code, 1860The provision prescribes death or imprisonment for life and liability to fine. A sentence below life imprisonment for the subsisting murder conviction was illegal and beyond the sentencing discretion. (¶¶ 24, 25, 26, 27, 28)
Held
- An accused facing a State enhancement appeal must have an opportunity to defend the sentence and may seek acquittal or a lesser punishment. Here personal service was undisputed; the accused nevertheless did not appear, and the High Court appointed an amicus to safeguard his interests. There was due compliance with section 377(3). (¶¶ 17, 18, 19, 20, 22, 23)
- The assertion that the amicus lacked preparation time had no foundation: no such complaint was made in the High Court and no supporting affidavit from the amicus was filed in the Supreme Court. There was no basis for remanding the enhancement appeal for rehearing. (¶¶ 21, 22, 23)
- Once the section 302 murder conviction stood, the ten-year sentence could not be sustained. The High Court correctly substituted life imprisonment while maintaining the fine. No other substantive challenge was argued in this appeal. (¶¶ 8, 24, 25, 26, 27, 28, 29, 30)
Result
Appeal dismissed; enhancement from ten years’ rigorous imprisonment to life imprisonment under section 302 IPC upheld.