VidhiSangh

Supreme Court of India · 26/03/2018

BHARATKUMAR RAMESHCHANDRA BAROT versus STATE OF GUJARAT

[2018] 3 S.C.R. 689 · 2018 INSC 263

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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

  1. Whether the accused received the opportunity required in a State appeal seeking sentence enhancement.
  2. Whether ten years’ imprisonment could lawfully be imposed for an unchanged section 302 conviction.

Provisions considered

Held

Result

Appeal dismissed; enhancement from ten years’ rigorous imprisonment to life imprisonment under section 302 IPC upheld.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 689.