The appellant preferred an appeal before the High Court to challenge the conviction and sentence. He, therefore, submitted that the Constitution Bench held that a fixed-term sentence or modified sentence can be imposed by way of substitution for the death penalty. State of Rajasthan and in the case of Gurvail Singh alias Gala
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v. On facts, he pointed out that at the time of the commission of the offence, the appellant’s age was 22 years.
He submitted that in any case, the High Court, after considering all the factual aspects, has reiterated the view taken by the Sessions Court by imposing a sentence for the entirety of the appellant’s life. In such a case, before the expiry of the fixed period provided, the power to grant remission under Cr.P.C. The answer lies in breaking this standardisation that, in practice, renders the sentence of life imprisonment equal to imprisonment for a period of no more than 14 years; in making it clear that the sentence of life imprisonment when awarded as a substitute for death penalty would be carried out strictly as directed by the Court.
State of Punjab [(1979) 3 SCC 745 : 1979 SCC (Cri) 848]. Sriharan, (2014) 11 SCC 1 : (2014) 3 SCC (Cri) 1],
SCC p.
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Whether imprisonment for life in terms of Section 53 read with Section 45 of the Penal Code meant imprisonment for rest of the life of the prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per the principles enunciated in paras 91 to 93 of Swamy Shraddananda (2) [ Swamy Shraddananda (2) v. To put it differently, the power to impose a modified punishment providing for any specific term of incarceration or till the end of the convict’s life as an alternate to death penalty, can be exercised only by the High Court and the Supreme Court and not by any other inferior court.” (emphasis added) 11.
In addition, the Constitution Bench held that power to impose a modified punishment of providing any specific term of incarceration or till the end of convict’s life as an alternative to death penalty, can be exercised only by the High Court and the Supreme Court and not by any other inferior Court.
However, when a Constitutional Court finds that though a case is not falling in the category of ‘rarest of the rare’ case, considering the gravity and nature of the offence and all other relevant factors, it can always impose a fixed-term sentence so that the benefit of statutory remission, etc. Hence, we have no manner of doubt that even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a fixed period of more than fourteen years, for example, of twenty years, thirty years and so on. On that day, she was informed by the appellant, who was the driver, that the vehicle operating on route no.131 was not available. Ultimately, her dead body was recovered at the instance of the appellant. A large number of staff members in such companies are women.
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Considering these factors along with the fact that this was the first offence committed by the appellant, the Trial Court found that the case was not falling in the category of the ‘rarest of the rare’ cases. After having considered these circumstances, we are of the opinion that this is a case where a fixed-term sentence for a period of thirty years must be imposed. Oka)…………………..J.
Case Title: SHIVA KUMAR @ SHIVA @ SHIVAMURTHY Vs. STATE OF KARNATAKA (2023 INSC 306)
Case Number: Crl.A. No.-000942-000942 / 2023
