After 24 Years, P&H HC Upholds Brothers’ Attempt-to-Murder Convictions but Cuts 7-Year Terms to 9½ Months Served

The appellants were convicted under Sections 307/34 of the Indian Penal Code (IPC) for an assault in March 2002 and sentenced to seven years’ rigorous imprisonment each, with fine.

On appeal, they stated that they did not challenge the conviction and sought reduction of sentence, relying on the time elapsed, the period already served (nine-and-a-half months each), their lack of subsequent offending, and their consent to pay ₹1,00,000 in compensation to the legal heirs of an injured victim.

The State opposed sentence reduction.

The Court considered the offences under Sections 307/34 IPC and exercised its appellate jurisdiction to review the sentence.

It held that sentence may be reduced in the circumstances of the case, taking into account the passage of time, the period of imprisonment already served, the appellants’ subsequent conduct and age, and the agreed compensation.

The Court found the prosecution evidence consistent and sufficient to sustain the convictions, and saw no basis to interfere with the trial Court’s findings under Sections 307/34 IPC.

On sentence, it considered that approximately 24 years had passed since the incident, the appellants had served nine-and-a-half months each, they had not been prosecuted for another offence during the intervening period, they were over 47 and 60 years old, and they had consented to compensation of ₹1,00,000 for the victim’s legal heirs.

In light of those circumstances, it considered the original sentence harsh and the period already served adequate to meet the ends of justice.

Pending miscellaneous applications, if any, were disposed of accordingly.