Brief Facts
- Sessions court convicted the accused under Section 302 read with section 149 IPC and directed for rigorous imprisonment for the remainder of life. High Court dismissed the appeals. SLP filed only to the extent of sentence.
Issues
- Whether the Sessions Court can impose a modified punishment not mentioned in Section 53 IPC?
- Whether the High Court can impose a modified punishment not mentioned in Section 53 IPC in cases except for death sentence?
Held
- The Appeal was partly allowed for modifying the sentence of the Appellant to rigorous imprisonment for a fixed period of 30 years.
- It was held that though the Sessions Court could not have imposed a modified sentence by directing that the appellant shall be imprisoned for the rest of his life, the High Court could have certainly imposed such a punishment.
Relevant Para No.
- 7, 8, 12