Sunday 3 April 2022

Supreme court: Trial Court Cannot Direct Life Sentence Should Extend To Remainder Of Life Without Remission

Learned Counsel for the petitioner has made a limited submission before this Court which has been noticed by us in our order dated 06.10.2021, referred hereunder:-

“Learned Senior Counsel appearing on behalf of the petitioner submits that while convicting the petitioner for offence punishable under Section 302 of the IPC, the Ld.Trial Judge has punished him with life imprisonment for the entire life span which according to the learned senior counsel is beyond jurisdiction of the Ld.Trial Judge and placed reliance on the judgment of this Court reported in 2016 (7) SCC 1.

Issue notice, for this limited purpose.”

After we have heard the learned Counsel for the parties and taking note of the Constitution Bench judgment of this Court reported in 2016 (7) SCC 1, the sentence of life imprisonment which shall be extended to remainder of life passed by the learned trial court by judgment dated 19.12.2013 and confirmed by the High Court on dismissal of appeal stands modified with the sentence for imprisonment for life.

IN THE SUPREME COURT OF INDIA 

Special Leave to Appeal (Crl.) No(s). 7830/2021; 

NARENDRA SINGH @ MUKESH @ BHURA Vs THE STATE OF RAJASTHAN

Coram: AJAY RASTOGI; ABHAY S. OKA, JJ. 

Dated: 28-02-2022

The petitioner is convicted for the offence punishable under Section 302 of the IPC by judgment dated 19.12.2013 of the learned trial court and sentenced to life imprisonment which shall be extended to remainder of life, that came to be confirmed by the High Court on dismissal of appeal filed by the petitioner by judgment impugned dated 04.10.2019.

Learned Counsel for the petitioner has made a limited submission before this Court which has been noticed by us in our order dated 06.10.2021, referred hereunder:-

“Learned Senior Counsel appearing on behalf of the petitioner submits that while convicting the petitioner for offence punishable under Section 302 of the IPC, the Ld.Trial Judge has punished him with life imprisonment for the entire life span which according to the learned senior counsel is beyond jurisdiction of the Ld.Trial Judge and placed reliance on the judgment of this Court reported in 2016 (7) SCC 1.

Issue notice, for this limited purpose.”

After we have heard the learned Counsel for the parties and taking note of the Constitution Bench judgment of this Court reported in 2016 (7) SCC 1, the sentence of life imprisonment which shall be extended to remainder of life passed by the learned trial court by judgment dated 19.12.2013 and confirmed by the High Court on dismissal of appeal stands modified with the sentence for imprisonment for life.

With these observations/clarifications, the Special Leave Petition stands disposed of.

Pending application(s), if any, shall stand disposed of. 

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