SC Reduces Sentence Of Man Accused Of Murdering His Relative On Ground That He Was Only Son Of Old Parents
The Supreme Court has reduced the sentence imposed upon a man from seven years to five years who was accused of murdering his relative on the ground that he was the only son of his old parents.
The two-Judge Bench of Justice Ajay Rastogi and Justice Bela M. Trivedi said, “The Sessions Court while imposing the sentence had also taken into consideration the fact that the appellant-accused was the only son of his aged parents. Having regard to the said findings recorded by the Sessions Court and confirmed by the High Court, this Court is of the opinion that the interest of justice would be met if the sentence imposed on the appellant-accused is reduced to the extent of 05 years in place of 07 years.”
The Bench noted that the fight took place as the deceased used to pester the appellant to get liquor for him frequently which annoyed him.
Senior Advocate S. Nagamuthu appeared for the appellant while Advocate Joseph Aristotle appeared for the respondent.
In this case, an appeal was preferred against the judgment passed by the Madras High Court whereby it confirmed the judgment of the Additional District and Sessions Court. The Sessions Court while acquitting the appellant for the offence under Section 302 of IPC, had convicted him for the offences under Sections 304(ii) and 506(i) of IPC and had directed him to undergo 7 years of rigorous imprisonment and pay a fine of Rs. 5,000/-.
The Supreme Court after hearing the contentions of the counsel observed, “… it appears that the Sessions Court had convicted the appellant-accused for the offence under Section 304(ii) of IPC by recording the finding that there was no premeditation and that the appellant-accused had not taken any undue advantage or acted in a cruel or unusual manner.”
The Court noted that the interest of justice would be met if the sentence imposed on the appellant is reduced to the extent of 5 years in place of 7 years.
“The Sessions Court while imposing the sentence had 4 also taken into consideration the fact that the appellant-accused was the only son of his aged parents … the appellant is directed to undergo rigorous imprisonment for a period of 05 years for the offence under Section 304(ii) of IPC”, held the Court.
The Court asserted that the rest of the sentence imposed by the Sessions Court and confirmed by the High Court shall remain unchanged.
Accordingly, the Apex Court partly allowed the appeal and reduced the sentence of the appellant.
Cause Title- Panneer Selvam v. State of Tamil Nadu