Summary
Where a court convicting under Section 307 IPC (hurt caused) decides not to impose life imprisonment, the sentence cannot exceed the ten years' imprisonment and fine prescribed in the first part of the section. The Court reduced the appellants' 14-year rigorous imprisonment to 10 years, keeping the fine.
Issues
- Whether a person convicted under Section 307 IPC, where hurt is caused, can be sentenced to a term of imprisonment exceeding ten years when imprisonment for life is not imposed.
- What sentence should be substituted for the 14 years' rigorous imprisonment imposed on the appellants.
Provisions considered
- Section 307, Indian Penal Code, 1860Read as prescribing three tiers: up to ten years and fine for attempt simpliciter; life imprisonment or the first-part punishment where hurt is caused; and death for a life convict causing hurt. The words 'such punishment as is hereinbefore mentioned' confine the alternative to life imprisonment to the first-part maximum of ten years. (¶¶ 3, 4, 5, 6, 7, 9)
- Section 34, Indian Penal Code, 1860The appellants' conviction under Section 307 read with Section 34 was left undisturbed; leave was confined to sentence. (¶¶ 1, 2)
Held
- The offence under Section 307 IPC does not require that the victim suffer any bodily injury; it is made out by the requisite intention or knowledge followed by an act which, but for something beyond the offender's control, would have caused death amounting to murder. (¶ 6)
- Under the second part of Section 307, where hurt is caused, the court may impose imprisonment for life; if it decides not to, the only other option is the punishment in the first part, so the term of imprisonment cannot exceed ten years with fine. A sentence of 14 years' rigorous imprisonment is therefore impermissible in law. (¶¶ 5, 7)
- As the State had not appealed for enhancement to life imprisonment, the Court did not consider enhancement and, given the victim's paralysis from the spinal gunshot injury, imposed the maximum term available under the first part, without needing to hear the appellants in person. (¶¶ 7, 8, 9)
Result
Appeal partly allowed; conviction under Section 307 read with Section 34 IPC maintained; sentence of 14 years' rigorous imprisonment reduced to 10 years' rigorous imprisonment for each appellant; fine left intact.