AMIT RANA @ KOKA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted The captioned appeal is filed to challenge the concurrent conviction of the appellants under Sec. 307 read with Sec. 34 of the Indian Penal Code, 1860 (for short the 'IPC') and the consequently, imposed sentence on them to undergo rigorous imprisonment for 14 years each and to pay a fine of Rs.1,50,000.00 (Rupees one lakh fifty thousand only) each and in default to undergo simple imprisonment for six months.

(2.) On 21/11/2023, after hearing the learned counsel for the appellants and looking into the overwhelming conclusive evidence supporting the conviction of the appellants under Sec. 307, IPC, with the aid of Sec. 34, IPC, this Court declined to entertain the Special Leave Petition to the extent it seeks to challenge the conviction, and issued limited notice confining to the challenge against the award of 14 years of rigorous imprisonment for the conviction thereof. The challenge is to the effect that in terms of the provisions under Sec. 307, IPC a term imprisonment beyond the period of ten years is impermissible though in case of hurt during attempt to murder would make the convict liable for imprisonment for life. Hence, the scope of this appeal is confined only to the question on sentence.

(3.) Heard learned counsel for the appellants and learned counsel appearing for the respondent-State. The rival contention raises a question of seminal importance as mentioned, viz., 'whether a convict under Sec. 307, IPC, can be sentenced to undergo imprisonment, of either description, beyond the period of ten years. It is worthwhile to extract Sec. 307, IPC for a proper consideration of the aforesaid question. It reads thus:-