AMIT RANA @ KOKA & ANR. versus THE STATE OF HARYANA

AMIT RANA @ KOKA & ANR. versus THE STATE OF HARYANA

Where the victim suffers hurt within the meaning of the second part of Section 307, IPC the court may impose imprisonment for life; however, if the court decides not to impose life imprisonment, the only other permissible punishment is that mentioned in the first part of Section 307, namely imprisonment of either description for a term which may extend to ten years and fine; therefore imposing 14 years' rigorous imprisonment where life is not imposed is impermissible and must be reduced to ten years.

Parties
Appellants: Amit Rana @ Koka & Anr.; Respondent: The State of Haryana
Jurisdiction
India
Judgment Date
22 July 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence by the Supreme Court on Appeal From High Court Order Dated 05.07.2023
Outcome
Criminal Appeal partly allowed
Legal Topics
Section 307 IPC, Attempt to Murder, Sentence, Imprisonment for Life, Maximum Sentence, Hurt Caused During Attempt to Murder
Criminal Law Penal Code, 1860 Section 307 IPC Attempt to Murder Sentence Imprisonment for Life Maximum Sentence Hurt Caused During Attempt to Murder

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Parties

Amit Rana @ Koka & Anr.

Appellants

The State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence by the Supreme Court on Appeal From High Court Order Dated 05.07.2023

Legal Issues

  1. 1 Whether a term of imprisonment beyond ten years may be imposed under the second part of Section 307 IPC when the court chooses not to impose life imprisonment

Ratio Decidendi

Where the victim suffers hurt within the meaning of the second part of Section 307, IPC the court may impose imprisonment for life; however, if the court decides not to impose life imprisonment, the only other permissible punishment is that mentioned in the first part of Section 307, namely imprisonment of either description for a term which may extend to ten years and fine; therefore imposing 14 years' rigorous imprisonment where life is not imposed is impermissible and must be reduced to ten years.

Court Disposition

Criminal Appeal partly allowed

Orders

  • Conviction under Section 307 IPC and Section 34 upheld.
  • Sentence of rigorous imprisonment for 14 years each imposed by the courts below is reduced to rigorous imprisonment for 10 years each.