Criminal Lawyer: Culpable homicide not amounting to Murder sentence reduced to 3 years and 5 months while upholding conviction; SC.

Supreme Court of India

Justice Ajay Rastogi and Justice A M Khanwilkar

The SC (Pratap Singh versus State of Uttarakhand) on Friday while upholding the conviction of the appellant / accused under section 304 part II IPC has reduced the sentence awarded to the appellant to the period already undergone, that is, 3 years and 5 months. It was held that the incident is of June 1995, and no other criminal incidents have been brought to notice of the court, and also as there was no previous enemity; therefore, the sentence was reduced as aforesaid.

In the said case, the plea of juvenility of the appellant was also taken before the SC on the strength of the birth certificate got issued by the appellant in 2010. The SC negates that, and holds that as the school certificate was issued to the appellant in the year 1993, on 5th June 1993, in which his recorded date of birth is 13th June 1977, and as the appellant has failed to place any supporting material on record while obtaining the date of birth certificate at the later stage on 2010; therefore, to determine the age, the court would rely upon the earlier school certificate. According to which the appellant was not juvenile at the time of commission of offence. In view of the above, the Appeal was disposed off by the SC, by modifying sentence to the period already undergone by the accused.