Simultaneously, the appellant also filed appeal challenging his conviction and sentence. He claimed that his sister had gone to take bath in the village pond along with wife and daughter of his neighbour, Raju Mukherjee (PW-9). The High Court, in appeal filed by the appellant and on a reference by the Trial Court for confirmation of the death sentence, modified the same to life imprisonment.
Therefore, this court may modify the sentence awarded to the appellant while granting him benefit of remission, to whatever he is entitled to. The sentence awarded by the High Court is life imprisonment for the whole of biological life of the appellant without any remission. Keeping in view the totality of circumstances, the sentence of life imprisonment for the whole of the biological life of the appellant, without any benefit of remission deserves to be modified to the fixed term sentence for a period of 30 years without any benefit of remission so that prime period of his life is spent in jail.
Case Title: KASHI NATH SINGH @ KALLU SINGH Vs. THE STATE OF JHARKHAND (2023 INSC 407)
Case Number: Crl.A. No.-001100-001101 / 2023
