After 21 Years, P&H HC Upholds 2004 Street-Death Convictions But Cuts 7-Year Terms To Time Served For Men Now 74 And 68

The appellants were convicted by the Sessions Court under Section 304-II read with Section 34 of the Indian Penal Code (IPC) for their alleged role in causing the death of Avtar Chand during an altercation on 13 January 2004.

Each was sentenced to seven years’ rigorous imprisonment.

In appeal, the appellants expressly confined their challenge to the sentence; they submitted that each had served two years, one month and two days, had no other prosecution history, and had faced prolonged litigation.

The State opposed sentence reduction.

The Court considered the offence of culpable homicide not amounting to murder under Section 304-II IPC, read with the principle of joint liability under Section 34 IPC.

It noted that no minimum sentence had been prescribed for the offence in question.

The Court exercised its appellate jurisdiction to modify the sentence, assessing whether the sentence imposed remained appropriate in light of the circumstances of the case and the appellants.

Although the appellants confined their appeal to sentence, the Court reviewed the record and found the prosecution evidence consistent and sufficient to sustain the conviction; it therefore found no basis to interfere with that finding.

On sentence, the Court considered that the incident had occurred about 21 years earlier, the appellants had undergone two years, one month and two days’ imprisonment, had no other prosecution history, and were aged over 74 and 68 respectively.

Concluding that the seven-year sentences were harsh in those circumstances, it held that the imprisonment already served was adequate to meet the ends of justice.

The appeal was partly allowed.

Pending miscellaneous applications, if any, were disposed of.