Allahabad High CourtCriminal LawCriminal Procedure and Evidence

Sentence Modified to Period Undergone for Old Offences Involving Verified Compromise and Senior Citizen Appellants

Rajendra Chauhan And Anotherv.State Of U.P.

Sentence Modified to Period Undergone for Old Offences Involving Verified Compromise and Senior Citizen Appellants. Rajendra Chauhan And Another vs State Of U.P.. Allahabad High Court. LawLens
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In brief

The question

1. Whether the sentence of five years' rigorous imprisonment should be maintained or modified in light of the long passage of time (45 years) and the verified compromise between the parties.

The court held

The Court answered the issue by holding that the conviction is maintained, but the sentence must be modified.

It also directed

The appeal was partly allowed, and the sentence of five years' rigorous imprisonment was reduced to the period already undergone by the appellants; the Court ordered the discharge of their bail bonds and sureties and directed the immediate return of the record.

01Facts

The appellants, Rajendra Chauhan and Ram Pyare Lal, were convicted by the Trial Court on September 5, 1985, under Section 307 read with Section 34 of the IPC and sentenced to five years' rigorous imprisonment

¶ 2

The prosecution alleged that on May 24, 1981, the appellants apprehended the informant, Saghir Ahmad, and opened fire at him, causing gunshot injuries

¶ 7-8

During the pendency of the appeal, the parties entered into a compromise in 1992, which was verified by the Chief Judicial Magistrate, Azamgarh, in 1993

¶ 3-5

By the time of the final hearing in 2026, the incident was 45 years old, and the appellants had become senior citizens approximately 80 years of age

¶ 9

02Issues

i.1. Whether the sentence of five years' rigorous imprisonment should be maintained or modified in light of the long passage of time (45 years) and the verified compromise between the parties.

¶ 9 / para. 17

03Law Applied

The Court applied the principles of judicial discretion in sentencing under the Indian Penal Code, emphasizing that punishment should be just, adequate, and proportionate to the gravity of the offense as held in State of Madhya Pradesh v. Bablu and Abdul Waheed v. State of Uttar Pradesh

¶ 17

Precedents where the Supreme Court reduced sentences to "period already undergone" due to the advanced age of the accused and long pendency of litigation, specifically citing Labh Singh v. State of Haryana (long delay/senior citizens)

¶ 12

State of U.P. v. Siyaram (balancing compensation vs. incarceration)

¶ 13

Ramesh v. State of U.P. (conversion of Section 307 to 324 based on single injury and passage of time)

¶ 16

The Court further noted that Indian penology is primarily reformative rather than corporeal

¶ 18

Provisions in the judgment · 8 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 374Section 360Section 361

Indian Penal Code, 1860 Section 307Section 34Section 323Section 324Section 325

04Reasoning

The Court evaluated the role of the appellants and the Trial Court’s findings but focused predominantly on the "ripeness" of the punishment after a 41-year appellate delay

¶ 17

It observed that while the Trial Court’s initial sentence was adequate in 1985, the current circumstances—including the fact that the appellants are now octogenarians and have no criminal history—rendered further incarceration contrary to the reformative goals of justice

¶ 18-19

The Court reasoned that sending the elderly appellants back to jail after they had been on bail for over four decades would serve no useful purpose

¶ 12, 18

The Court gave significant weight to the verified compromise of 1993, noting it as a factor for maintaining future harmony, even though Section 307 is generally non-compoundable

¶ 3, 10

05Holding

The Court answered the issue by holding that the conviction is maintained, but the sentence must be modified.

¶ 19.1-20

The appeal was partly allowed, and the sentence of five years' rigorous imprisonment was reduced to the period already undergone by the appellants; the Court ordered the discharge of their bail bonds and sureties and directed the immediate return of the record.

¶ 19.1-22
Allahabad High Court

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Rajendra Chauhan And AnothervsState Of U.P.

Allahabad High Court · May 29, 2026

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