VidhiSangh

Supreme Court of India · 03/01/2024

NEERAJ SHARMA versus STATE OF CHHATTISGARH

[2024] 1 S.C.R. 40 · 2024 INSC 6

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Summary

The Supreme Court replaced the appellants’ kidnapping-for-ransom convictions with convictions for abduction in order to murder because ransom was not proved. The attempt-to-murder and robbery convictions remained intact. Each appellant received ten years’ rigorous imprisonment for the substituted offence, and State-funded victim compensation was increased to Rs.5 lakh.

Issues

  1. Whether proven abduction and attempted killing also established the ransom-related elements of Section 364A IPC.
  2. Whether the surviving victim’s supplementary police statement could be treated as a dying declaration.
  3. What substituted sentence and victim compensation were appropriate.

Provisions considered

Held

Result

Appeals partly allowed: Section 364A convictions and life sentences replaced by Section 364 convictions with ten years’ rigorous imprisonment, Rs.10,000 fine each and three months’ default imprisonment. Other convictions and sentences affirmed; retained Rs.50,000 fine each carries one year’s default imprisonment. State compensation increased to Rs.5 lakh within three months. Ashwani’s release is subject to the specified conditions; Neeraj must surrender within two weeks.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 40.