Supreme Court of India
Bharatkumar Rameshchandra Barot v. State of Gujarat
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What the Court ordered
We are of the considered opinion that the High Court was justified in modifying the jail sentence awarded to the appellant by the Sessions Judge and rightly enhanced the sentence by awarding punishment of “Life imprisonment” under Section 302 IPC to the appellant (accused) in place of “10 years ja il sentence awarded by the Sessions Judge.
Judgment, page 7
From the headnote
Code of Criminal Procedure, 1973: s.377 – Session ourt awarded to the appellant 10 years rigorous imprisonment for o ffence under s.302 IPC – On State’s appeal under s.377, Hi gh Court enhanced the sentence from 10 years to life impris onment – On appeal, held: Once the Sessions Judge found the appe llant guilty for commission of the offence of the murder punishable under s.302 IPC, the only punishment that can be awarded in law is either the “death penalty” or “imprisonment for life” and the “fine” – s.3 02 IPC, in clear terms, provides that “whoever commits mu rder shall be punished with
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