DILIP KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) J:- Since this appeal by special leave is limited to the question of sentence, it would be enough to set out the facts bearing on the sentence.

(2.) The appellants, Dilip Kumar, Bharatsingh and Rohitsingh were tried by the Sessions Judge, Ujjain, for committing the murder of one Arun Bhargava. The learned Judge convicted Dilip Kumar under Section 302, Bharatsingh under Section 302 read with Section 34, Rohitsingh under Sec. 303 of the Penal Code and sentenced them to death. The High Court of Madhya Pradesh, Indore Bench, confirmed the conviction and sentence of Dilip Kulnar and Rohitsingh. The conviction of Bharatsingh was also confirmed but the High Court reduced his sentence to imprisonment for life.

(3.) On May 3, 1974 this Court granted special leave to the appellants ''limited to the question of application of Section 303 in the case of Rohitsingh and sentences in case of all". Counsel for the appellants urged that under this order Bharatsingh is entitled to challenge the sentence of life imprisonment imposed upon him by the High Court and since that cannot be done without challenging Bharatsingh's conviction under Section 302 read with Section 34, the order of conviction is also open to challenge in this appeal. There is no merit in this argument. Rohitsingh's case apart, the special leave petition filed by the appellants was not admitted on the question of conviction and leave was expressly restricted to the question of sentence only. Bharatsingh having been convicted under Section 302 read with Section 34, there is no scope for any argument as regards the sentence imposed on him. The minimum sentence for murder under Section 302 is imprisonment for life and that is the sentence which the High Court has imposed on Bharatsingh.