Legal Provisions Involved: Sections 302 and 364 of IPC; Section 374(2), 428 of CrPC and Section 27 of Indian Evidence Act, 1872.

Judgment by: Karnataka High Court.

Judge/Bench: Justice H.P. Sandesh and Justice Venkatesh Naik T.

Facts

The accused was tried by a Sessions Court for kidnapping and murder. The case was based on circumstantial evidence such as motive, recovery of materials, and medical and forensic reports. The Sessions Court convicted him for murder and ordered life imprisonment till his natural death. It also refused to grant him the benefit of set-off for the time he had already spent in jail during the trial.

Key Legal Provisions

Sections 302 and 364 of IPC; Sections 374(2), 428 of CrPC and Section 27 of Indian Evidence Act, 1872

Issues Raised

Can a Sessions Court order life imprisonment till natural death without remission? Can it deny a set-off under Section 428 CrPC?

Arguments of the case

The accused argued that only the Supreme Court and High Courts have the power to impose  such strict life sentences. The prosecution argued the conviction was proper based on evidence.

Judgment

The High Court upheld the conviction but modified the sentence. It said Sessions Courts cannot order imprisonment till natural death or deny set-off. The sentence was reduced to normal life imprisonment with set-off benefits.

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