The Supreme Court has ruled that if a life sentence is not imposed for an offence of attempted murder under Section 307 of the Indian Penal Code (IPC), the maximum sentence cannot exceed 10 years. The decision clarifies the sentencing limits for attempted murder convictions when life imprisonment is deemed unfit by the court.
The bench, consisting of Justices CT Ravikumar and Rajesh Bindal, stated, “When the court concerned upon convicting the accused thought it fit not to impose imprisonment for life, the punishment to be handed down in any circumstance cannot exceed the punishment prescribed under the first part of Section 307 IPC.”
Section 307 IPC defines the punishment for attempted murder. The first part allows for a maximum sentence of up to 10 years and a fine, while the second part permits life imprisonment if the attempt causes hurt. However, the second part also includes the first part’s imprisonment terms. This means if life imprisonment is not imposed, the sentence should not exceed 10 years.
In a recent case, the accused challenged a 14-year imprisonment sentence under the second part of Section 307 IPC. The convict argued that since life imprisonment was not imposed, the sentence should not surpass 10 years. The Supreme Court found merit in the appeal, noting that a 14-year sentence was impermissible if life imprisonment was not awarded.
Justice CT Ravikumar, authoring the judgment, stated, “The imposition of rigorous imprisonment for 14 years for a conviction under Section 307 IPC is impermissible in law and it is liable to be interfered with.” The court recognized the serious injuries sustained by the victim, including paralysis due to a spine injury, but concluded that the appellants should receive the maximum sentence of 10 years as prescribed under the first part of Section 307 IPC.
The Supreme Court converted the appellants’ 14-year rigorous imprisonment sentences to 10 years, maintaining the fines imposed by the trial court. This ruling establishes a clear sentencing framework for attempted murder convictions when life imprisonment is not deemed appropriate.
