VidhiSangh

Supreme Court of India · 08/09/2022

THE STATE OF HARYANA versus ANAND KINDO & ANR. ETC.

[2022] 7 S.C.R. 337 · 2022 INSC 939

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Summary

Trusted employees of an elderly couple, a retired Major General and his wife, murdered them for money while they slept, battering their faces beyond recognition with a hammer and a tava. The trial court sentenced the two convicts to death. The High Court commuted the sentence to life imprisonment. In the appeals by the State and the complainant, the complainant did not press for death but sought a fixed term. The convicts had also tried to escape from prison by digging a tunnel. The Supreme Court, applying Sriharan, held that the High Court or the Supreme Court may impose a fixed-term sentence without remission instead of death. The pre-planned killing, the betrayal of trust and the brutality called for more than ordinary life imprisonment, while the convicts' young age was the only mitigating factor. The Court imposed a fixed term of 30 years.

Issues

  1. Whether, where death is not imposed for a brutal double murder, the Supreme Court should impose a fixed-term sentence without remission instead of ordinary life imprisonment under Section 302 IPC

Provisions considered

Held

Result

Appeals partly allowed. Instead of ordinary life imprisonment, the convicts were sentenced to a fixed term of 30 years before which they are not to be considered for remission; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 337.