Case Details Pramod Kumar Mishra vs The State of U.P.

Court

Supreme Court of India

Date

4 September 2023

Case No.

Criminal Appeal No. 2710 of 2023

Result

Allowed

Bench

Abhay S. Oka, Sanjay Karol

Citation

[2023] 14 S.C.R. 386 : 2023 INSC 791

Issue for consideration

Appellant convicted u/s. 307 IPC and sentenced to undergo 5 years rigorous imprisonment, whether the sentence imposed by the Trial Court and as upheld by the High Court is just and proper. Sentence/sentencing – Trial Court convicted A-2 (appellant) u/s.

Headnote

307 IPC and sentenced him to undergo 5 years rigorous imprisonment – Conviction and order of sentence of appellant confirmed by the High Court – Limited question before the Supreme Court regarding the quantum of sentence:

Held: It is a well-established principle that while imposing sentence, aggravating and mitigating circumstances of a case are to be taken into consideration – 39 years have passed since the date of offence and both the other accused persons have come to be acquitted – It is a matter of record that there was old enmity between the complainant and A1 relating to the piece of land where the offence came to be committed, while pertinently, the appellant (A2) is the nephew of A1 – There are no criminal antecedents of the appellant that have been brought on record – Further, from the record, it cannot be said that the appellant acted in a premeditated manner – Therefore, in the interest of justice and in consideration of the above mentioned mitigating factors, this Court reduces the sentence imposed on the appellant-accused from 5 years rigorous imprisonment to 3 years of rigorous imprisonment. [Paras 21, 22, 23]

LIST OF CITATIONS AND OTHER REFERENCES

Jagmohan Singh v. State of U.P. (1973) 1 SCC 20 : [1973] 2 SCR

541 – followed.

Mohammad Giassudin v. State of Andhra Pradesh (1977) 3 SCC 287 : [1978] 1 SCR 153; Narinder Singh & Ors. V. State of Punjab & Anr. (2014)

6 SCC 466 : [2014 (4 ) SCR 1012 – relied on.

State of Uttar Pradesh v. Sanjay Kumar (2012) 8 SCC 537 : [2012]

7 SCR 359; Purushottam Dashrath Borate & Anr. v. State of Maharashtra (2015) 6 SCC 652 : [2015] 5 SCR 1112; Jasbir Singh v. Tara Singh & Ors. (2016) 16 SCC 441 : [2015] 10 SCR 61; Vetrivel v. State represented by its Deputy Superintendent of Police & Anr. 2022 SCC Online SC 73; Paneer Selvam v. State of Tamil Nadu Criminal Appeal No. 871 of 2023 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT SANJAY KAROL J. 1. Leave granted. 2. The present appeal arises from the final judgment and order dated 19.04.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 679 of 1987, which confirmed the judgment and order dated 03.03.1987 passed by IInd Addl. District & Sessions Judge Varanasi (hereinafter “Trial Court”) vide which the present appellant, Pramod Kumar Mishra was convicted under Section 307 of the Indian Penal Code (hereinafter “IPC”) and sentenced him to undergo 5 years rigorous imprisonment. Co-accused Jawah

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