Modification Of Sentence From Life Imprisonment To 20-Yr RI Not Enhancement, But Reduction: SC [Read Judgment]

Reiterating that life imprisonment means imprisonment for full life and not for 14 years, the Supreme Court has observed that modification of sentence to life imprisonment to 20-year rigorous imprisonment is not enhancement, rather reduction of sentence, and hence no notice is required to be given under Section 401 of the Code of Criminal Procedure.

The trial court had convicted 11 accused and sentenced two of them to death penalty and others were awarded life imprisonment. On their appeal, the high court sustained conviction, but modified the sentence to 20-year RI to all the appellants. This order was assailed before the apex court.

One of the contentions put forth on behalf of an appellant was that his enhancement of sentence to 20-year RI from life imprisonment was legally impermissible. Referring to Section 401 of Code of Criminal Procedure, it was contended that a notice is required to be given, which was not done in this case and, therefore, the order of modifying the sentence, thereby, giving RI of 20 years was not in accordance with law.

Referring to Swamy Shraddananda @ Murali Manohar Mishra vs State of Karnataka, the Bench comprising Justice AK Sikri and Justice RK Agrawal said imprisonment for life would mean full life and not sentence of 14 years which may be grossly disproportionate or inadequate and cannot be called as sentence of life. “The high court, while modifying the sentence qua the appellant Birbal, in fact, reduced the same from life imprisonment to 20 years RI,” it said.