# Ramroop v. State

- **Citation:** (2022) 1 ILRA 939
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-11-22
- **Case number:** Jail Appeal No. 4722 of 2015
- **Bench:** Dr. Kaushal Jayendra Thaker, Saumitra Dayal Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ramroop-v-state-47531
- **Pages:** 10

## Headnote

Criminal Law - Indian Evidence Act,1872 -
Section 32- Dying Declaration- It is a fact
that the deceased died due to burn
injuries and, therefore, we concur with the
learned Judge that the death was a
homicidal death. Death is because of the
940 INDIAN LAW REPORTS ALLAHABAD SERIES
burn injuries and she had sustained 100%
burn. The dying declaration in its form will
not permit us to take a different view
except sentencing. The deceased died on
the next date out of burn injuries. This is
corroborated with her dying declaration
which is admissible under Section 34 (sic
32) of the Evidence Act - The witnesses of
fact have turned hostile rather they have
not supported the case of the prosecution
- The medical evidence has been believed
by the learned Judge.

Where the dying declaration has a ring of truth
and inspires the confidence of the court, then
there is no need for further corroboration and
conviction can be secured on the basis of the
dying declaration alone.

Criminal Law- Indian Evidence Act,1872
-
Section
32-
Dying
Declaration-
Homicidal death- 100% burn injuries-
So
far
as
the
question
of
thumb
impression
is
concerned,
the
same
depends upon facts, as regards whether
the skin of the thumb that was placed
upon the dying declaration was also
burnt. Even in case of such burns in the
body, the skin of a small part of the
body, i.e. of the thumb, may remain
intact. Therefore, it is a question of fact
regarding whether the skin of the thumb
had in fact been completely burnt, and if
not, whether the ridges and curves had
remained intact. It is a fact that the
deceased died due to burn injuries and,
therefore, we concur with the learned
Judge that the death was a homicidal
death. Death is because of the burn
injuries and she had sustained 100%
burn. The dying declaration in its form
will not permit us to take a different
view except sentencing.

The fact that the deceased sustained 100%
burn injuries would not be sufficient to discard
the
dying
declaration
where
the
dying
declaration is trustworthy and reliable. Whether
the deceased could have given the dying
declaration after suffering 100% burn injuries
depends on the facts of the case and no
straightjacket formula can be laid down.

Proportionate punishment- Accused was
major at the time of commission of
offence, he is the son of the deceased.
There was altercation and, the occurrence
of incident had taken place at about 9.00
a.m. in house. The judicial trend in the
country has been towards striking a
balance between reform and punishment.
,
the
criminal
justice
jurisprudence
adopted in the country is not retributive
but reformative and corrective. At the
same time, undue harshness should also
be
avoided
keeping
in
view
the
reformative approach underlying in our
criminal
justice
system.
No
accused
person is incapable of being reformed and
therefore, all measures should be applied
to
give
them
an
opportunity
of
reformation in order to bring them in the
social

## Text

1 All. Ramroop Vs. State
939
forth his candidature in the upcoming
Assembly elections in view of the bar
contained in Section 8 (3) of the
Representation of the People Act, 1951,
which would cause such an injury to the
appellant no. 4, as cannot be compensated
in case he succeeds in this appeal.

38. It would, therefore, be expedient
in the interest of justice that the conviction
and sentence in respect of the appellant
no. 4 be kept under suspension during
pendency of the appeal.

39 . Keeping in view the entire facts
ad circumstances of the case in light of the
law laid down by the Hon'ble Supreme
Court, the case of the appellant no. 4
appears
to
be
an
exceptional
case
warranting exercise of powers conferred
on this Court under Section 389 (1)
Cr.P.C.

Order

40. The prayer for suspension of
conviction and sentence in respect of
appellants no. 1 (Annu Tandon), appellant
no. 2
(Surya Narayan
Yadav)
and
appellant no. 3 (Amit Shukla) is hereby
rejected.

41. The conviction and sentence of
appellant no. 4, namely, Ankit Parihar, son
of Sri Veer Pratap Singh passed by the
Special
Judge,
MP/MLA/Additional
Sessions, Court No. 19, Lucknow in
Criminal Case No. 578 of 2020 arising out
of case Crime No. 243 of 2017, under
Section 174 (a) of the Railways Act, 1989,
Police Station RPF Post Unnao is hereby
suspended during pendency of the appeal.

42. The application is disposed of.
Case :- CRIMINAL APPEAL No. - 638
of 2021

Appellant :- Annu Tandon And 3 Ors.

Respondent :- State Through Railway
Protection Force

Counsel
for
Appellant
:-
Rohit
Tripathi,Syed Zulfiqar Husain Naqv

Counsel for Respondent :- Mrs.Suniti
Sachan

Hon'ble Subhash Vidyarthi,J.

List the appeal in the next cause list.

The interim order previously granted
in favour of the appellants shall continue to
operate till the next date of listing.
----------
(2022)01ILR A939
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 22.11.2021

BEFORE

THE HON'BLE DR. KAUSHAL JAYENDRA
THAKER, J.
THE HON'BLE SAUMITRA DAYAL SINGH, J.

Jail Appeal No. 4722 of 2015

Ramroop ...Appellant
Versus
State ...Respondent

Counsel for the Appellant:
From Jail, Alka Srivastava, Sri Kailash Prakash
Pathak, Sri Kamta Prasad, Sri Suresh Chandra
Pandey, Sri S.K. Srivastava, Sri Vishnu Shankar
Mishra

Counsel for the Respondents:
A.G.A.

Criminal Law - Indian Evidence Act,1872 -
Section 32- Dying Declaration- It is a fact
that the deceased died due to burn
injuries and, therefore, we concur with the
learned Judge that the death was a
homicidal death. Death is because of the
940 INDIAN LAW REPORTS ALLAHABAD SERIES
burn injuries and she had sustained 100%
burn. The dying declaration in its form will
not permit us to take a different view
except sentencing. The deceased died on
the next date out of burn injuries. This is
corroborated with her dying declaration
which is admissible under Section 34 (sic
32) of the Evidence Act - The witnesses of
fact have turned hostile rather they have
not supported the case of the prosecution
- The medical evidence has been believed
by the learned Judge.

Where the dying declaration has a ring of truth
and inspires the confidence of the court, then
there is no need for further corroboration and
conviction can be secured on the basis of the
dying declaration alone.

Criminal Law- Indian Evidence Act,1872
-
Section
32-
Dying
Declaration-
Homicidal death- 100% burn injuries-
So
far
as
the
question
of
thumb
impression
is
concerned,
the
same
depends upon facts, as regards whether
the skin of the thumb that was placed
upon the dying declaration was also
burnt. Even in case of such burns in the
body, the skin of a small part of the
body, i.e. of the thumb, may remain
intact. Therefore, it is a question of fact
regarding whether the skin of the thumb
had in fact been completely burnt, and if
not, whether the ridges and curves had
remained intact. It is a fact that the
deceased died due to burn injuries and,
therefore, we concur with the learned
Judge that the death was a homicidal
death. Death is because of the burn
injuries and she had sustained 100%
burn. The dying declaration in its form
will not permit us to take a different
view except sentencing.

The fact that the deceased sustained 100%
burn injuries would not be sufficient to discard
the
dying
declaration
where
the
dying
declaration is trustworthy and reliable. Whether
the deceased could have given the dying
declaration after suffering 100% burn injuries
depends on the facts of the case and no
straightjacket formula can be laid down.

Proportionate punishment- Accused was
major at the time of commission of
offence, he is the son of the deceased.
There was altercation and, the occurrence
of incident had taken place at about 9.00
a.m. in house. The judicial trend in the
country has been towards striking a
balance between reform and punishment.
,
the
criminal
justice
jurisprudence
adopted in the country is not retributive
but reformative and corrective. At the
same time, undue harshness should also
be
avoided
keeping
in
view
the
reformative approach underlying in our
criminal
justice
system.
No
accused
person is incapable of being reformed and
therefore, all measures should be applied
to
give
them
an
opportunity
of
reformation in order to bring them in the
social stream. It appears from perusal of
impugned
judgment
that
sentence
awarded by learned trial court for life
term is very harsh keeping in view the
entirety of facts and circumstances of the
case
and
gravity
of
offence.
The
punishment
of
seven
years
with
remissions while maintaining fine and
default sentence will be adequate to the
son who must by now repented in life.

Under the facts of the case, where the offence
occurred due to a sudden altercation, hence
keeping in mind the judicial trend of reformative
approach, punishment of imprisonment for life
found to be disproportionate and unduly harsh.
Sentence modified accordingly to seven years.

Criminal Appeal partly allowed. (E-3)

Judgements/ Case law relied upon:-

1. St. of M.P Vs Dal Singh & ors (2013) 14 SCC 159

2. Mafabhai Nagarbhai Raval Vs St. of Guj. AIR
1992 SC 2186

3. Rambai Vs St. of Chhatis. (2002) 8 SCC 83

4. Laxman Vs St. of Maha. : AIR 2002 SC 2973

5. Koli Chunilal Savji Vs St. of Guj. AIR 1999 SC
3695
1 All. Ramroop Vs. State
941
6. Babu Ram & ors. Vs St. of Punj. AIR 1998 SC
2808

7. Laxmi Vs Om Prakash & Ors. AIR 2001 SC
2383

8. Govindappa & ors. Vs St. of Kar. (2010) 6
SCC 533

9. St. of Pun. Vs Gian Kaur & Anr. AIR 1998 SC
2809

10. St. of M.P Vs Dal Singh & Ors. : (2013) 14
SCC 159

11. Gujarat Vs Bhalchandra Laxmishankar Dave,
2021 (0) AIJEL-SC 66983

12. Guru Dutt Pathak Vs St. of U.P, LAW(SC)
2021 5 5

13. Manoj Mishra @ Chhotkau Vs The St. of U.P
(Crl. Apl. No.1167 of 2021) dec. on 8th Oct,
2021

14. Mohd. Giasuddin Vs St. of AP, [AIR 1977 SC
1926],

15. Deo Narain Mandal Vs St. of UP [(2004) 7
SCC 257]

16. Ravada Sasikala Vs St. of A.P. AIR 2017 SC
1166

17. Pardeshiram Vs St. of M.P., (2021) 3 SCC
825

(Delivered by Hon'ble Dr. Kaushal
Jayendra Thaker, J. & Hon'ble Saumitra
Dayal Singh, J.)

1. Heard Shri Kamta Prasad, learned
counsel for the appellant; Shri Arvind
Kumar, learned AGA for State; and
perused the record.

2. By way of this appeal, the
appellant- Ramroop has challenged the
Judgment and order dated 01.04.2015
passed by court of Additional Sessions
Judge, Hamirpur in Session Trial No.05 of
2014 arising out of Case Crime No.1444 of
2013 wherein accused was tried for
commission of offence under Sections 304
(I) and 506 Indian Penal Code (hereinafter
referred to as, 'IPC'), Police Station-
Sumerpur, District Hamirpur. The learned
Sessions Judge convicted the accused for
life imprisonment for commission of
offence under Section 304 part I IPC and
with fine of Rs.10,000/-. In default of
payment of fine, the accused shall undergo
rigorous imprisonment for 6 months. He
was not convicted under Section 506 IPC.

3. The brief facts as per prosecution
case are that written report which is
Ex.Ka.1 and which corroborates the dying
declaration made on 28.9.2013 reads as
follows:-

"That on 28.9.2013 at about 9.00 a.m.
when the accused Ramroop, elder son of
the deceased and elder son of the person
who got the First Information Report
registered, was demanding money for
buying liquor. The mother refused to give
him money for buying liquor. The accused
became angry and poured kerosene on her
(deceased) and set her(deceased) ablaze.
The mother who was engulfed was taken to
the hospital immediately after putting a
quilt on her body by the complainant and
his brother as well as Muhal and when the
accused was told he threatened to kill them.
That is how the report was given on
5.10.2013 there is a delay of six days but
during this period, the dying declaration
was recorded on 28.9.2013 of deceased at
2.40 p.m. wherein also she narrated the
same facts. The Police investigation had
already started. Her post mortem report was
done as she died on 29.9.2013 at 3.50 p.m..
942 INDIAN LAW REPORTS ALLAHABAD SERIES
The injuries according to the doctors was
superficially to deep burn all over the body.
The cause of death was due to the burn
injures. The prosecution laid the charge
sheet against the accused. The dying
declaration of the deceased which is Ex.Ka2 also requires to be looked into wherein
she has mentioned that her husband and
borther-in-law brought her to the Hospital.
She has grievanced against her son and his
wife. This dying declaration is dictated on
28.9.2013.

4. The charge sheet was laid before
the court of Magistrate and the learned
Judge committed the case to the court of
session as it was triable by the court of
session.

5. The prosecution examined nine
witnesses so as to bring home the charge
framed
against
the
accused
as
enumerated:

1.
Nanki
PW1
2.
Ashok Kumar
PW2
3.
Mahghu
PW3
4.
Ram Kesh
PW4
5.
Dr. Manish Kumar
PW5
6.
Musa Ram Pal
PW6
7.
Dr. R.K. Katiyar
PW7

6. In support of ocular version
following documents were produced to
bring home the charge:-

1
First
Information
Report
Ex.Ka.11
2
Written Report
Ex.Ka.1
3
Dying Declaration
Ex.Ka.2
4
Post Mortem Report
Ex.Ka.3
5
Panchayatnama
Ex.Ka.5
6
Charge Sheet Mool
Ex.Ka.10
7
Site Plan with Index
Ex.Ka.4

7. Learned counsel for the appellant
has urged that once the Court came to the
conclusion that it was a case of 304 part I,
the infliction of incarceration for life
requires interference. It is submitted that
only
interested
witnesses
have
been
examined. It is submitted that PW-5 and
PW-7 are Doctors. PW-8 and PW-9 are
Police Officers and, therefore, the evidence
against the appellant is not convincing that
he has committed the offence or he had set
his mother ablase and in the dying
declaration she had named both he and his
wife, whereas the discrepancy in the FIR
while naming him alone and not his wife.

8. Shri Arvind Kumar, learned AGA
has vehemently submitted that punishment
for incarceration of life imprisonment
under Section 304 part I is just and proper.
It is contented that the accused set his own
mother
ablaze
and
threatened
the
complainant with dire consequences which
shows his mental status and, therefore, it is
requested that this Court may not interfere
in the punishment as it is submitted that the
burn injuries was caused by the accused as
proved by ocular version and the dying
declaration.

9. While hearing the learned counsels
for the parties, we have minutely perused
the judgment and the evidence. We have
threadbare read the same. The deceased
died on the next date out of burn injuries.
This is corroborated with her dying
declaration which is admissible under
Section 34 of the Evidence Act. PW-3 has
also accepted that the accused used to
consume liquor but he was not a bad
person. The witnesses of fact have turned
hostile rather they have not supported the
case of the prosecution. PW-1 has come up
with the theory that accused had left the
home as there was a dispute regarding the
1 All. Ramroop Vs. State
943
property and it was the deceased who had
ablaze
herself
by
committing
self
emollition. PW-2 Ashok Kumar has also
stated that Ramroop was in a habit of
drinking but he had not seen the appellant
set his mother ablaze. He had not seen the
appellant
demand
money
from
the
deceased. The medical evidence has been
believed by the learned Judge.

10. The Hon'ble Supreme Court in the
case of State of Madhya Pradesh Vs. Dal
Singh and others (2013) 14 SCC 159 in
paras 14 to 22 has observed as under:-

"Whether 100 per cent burnt person
can make a dying declaration or put a
thumb impression:

14. In Mafabhai Nagarbhai Raval
v. State of Gujarat AIR 1992 SC 2186,
this Court dealt with a case wherein a
question arose with respect to whether a
person suffering from 99 per cent burn
injuries could be deemed capable enough
for the purpose of making a dying
declaration. The learned trial Judge
thought that the same was not at all
possible, as the victim had gone into
shock after receiving such high degree
burns. He had consequently opined, that
the moment the deceased had seen the
flame, she was likely to have sustained
mental shock. Development of such
shock from the very beginning, was the
ground on which the Trial Court had
disbelieved
the
medical
evidence
available. This Court then held, that the
doctor who had conducted her postmortem was a competent person, and had
deposed in this respect. Therefore, unless
there existed some inherent and apparent
defect, the court could not have substitute
its opinion for that of the doctor's. Hence,
in light of the facts of the case, the dying
declarations made, were found by this
Court to be worthy of reliance, as the
same had been made truthfully and
voluntarily. There was no evidence on
record to suggest that the victim had
provided a tutored version, and the
argument of the defence stating that the
condition of the deceased was so serious
that she could not have made such a
statement was not accepted, and the
dying declarations were relied upon. A
similar view has been re-iterated by this
Court
in
Rambai
v.
State
of
Chhatisgarh (2002) 8 SCC 83.

15.
In
Laxman
v.
State
of
Maharashtra : AIR 2002 SC 2973, this
Court held, that a dying declaration can
either be oral or in writing, and that any
adequate
method
of
communication,
whether the use of words, signs or
otherwise will suffice, provided that the
indication is positive and definite. There is
no requirement of law stating that a dying
declaration must necessarily be made
before a Magistrate, and when such
statement is recorded by a Magistrate, there
is no specified statutory form for such
recording. Consequently, the evidentiary
value or weight that has to be attached to
such a statement, necessarily depends on
the facts and circumstances of each
individual
case.
What
is
essentially
required, is that the person who records a
dying declaration must be satisfied that the
deceased was in a fit state of mind, and
where the same is proved by the testimony
of the Magistrate, to the extent that the
declarant was in fact fit to make the
statements, then even without examination
by the doctor, the said declaration can be
relied and acted upon, provided that the
court ultimately holds the same to be
voluntary and definite. Certification by a
doctor is essentially a rule of caution, and
944 INDIAN LAW REPORTS ALLAHABAD SERIES
therefore, the voluntary and truthful nature
of the declaration can also be established
otherwise.

16. In Koli Chunilal Savji v. State of
Gujarat AIR 1999 SC 3695, this Court
held, that the ultimate test is whether a
dying declaration can be held to be
truthfully and voluntarily given, and if
before recording such dying declaration,
the officer concerned has ensured that the
declarant was in fact, in a fit condition to
make the statement in question, then if both
these
aforementioned
conditions
are
satisfactorily met, the declaration should be
relied upon. (See also: Babu Ram and
Ors. v. State of Punjab AIR 1998 SC
2808).

17. In Laxmi v. Om Prakash and
Ors. AIR 2001 SC 2383, this Court held,
that if the court finds that the capacity of
the maker of the statement to narrate the
facts was impaired, or if the court
entertains grave doubts regarding whether
the deceased was in a fit physical and
mental state to make such a statement, then
the
court
may,
in
the
absence
of
corroborating evidence lending assurance
to the contents of the declaration, refuse to
act upon it.

18. In Govindappa and Ors. v. State
of Karnataka (2010) 6 SCC 533, it was
argued that the Executive Magistrate, while
recording the dying declaration did not get
any certificate from the medical officer
regarding the condition of the deceased.
This Court then held, that such a
circumstance itself is not sufficient to
discard the dying declaration. Certification
by a doctor regarding the fit state of mind
of the deceased, for the purpose of giving a
dying declaration, is essentially a rule of
caution and therefore, the voluntary and
truthful nature of such a declaration, may
also be established otherwise. Such a dying
declaration must be recorded on the basis
that normally, a person on the verge of
death would not implicate somebody
falsely. Thus, a dying declaration must be
given due weight in evidence.

19. In State of Punjab v. Gian Kaur
and Anr. AIR 1998 SC 2809, an issue
arose
regarding
the
acceptability
in
evidence, of the thumb impression of Rita,
the deceased, that appeared on the dying
declaration, as the trial court had found that
there were clear ridges and curves, and the
doctor was unable to explain how such
ridges and curves could in fact be present,
when the skin of the thumb had been
completely burnt. The court gave the
situation the benefit of doubt.

20. The law on the issue can be
summarised to the effect that law does not
provde who can record a dying declaration,
nor is there any prescribed form, format, or
procedure for the same. The person who
records a dying declaration must be
satisfied that the maker is in a fit state of
mind and is capable of making such a
statement. Moreover, the requirement of a
certificate provided by a Doctor in respect
of such state of the deceased, is not
essential in every case.

21. Undoubtedly, the subject of the
evidentiary value and acceptability of a
dying declaration, must be approached with
caution for the reason that the maker of
such a statement cannot be subjected to
cross-examination. However, the court may
not look for corroboration of a dying
declaration, unless the declaration suffers
from any infirmity.

22. So far as the question of thumb
impression is concerned, the same depends
upon facts, as regards whether the skin of
the thumb that was placed upon the dying
declaration was also burnt. Even in case of
such burns in the body, the skin of a small
part of the body, i.e. of the thumb, may
remain intact. Therefore, it is a question of
1 All. Ramroop Vs. State
945
fact regarding whether the skin of the
thumb had in fact been completely burnt,
and if not, whether the ridges and curves
had remained intact.

11. In case of Vijay Pal (Supra) in
paragraphs 23 and 24 the Hon'ble Apex
Court has relied upon the judgment in the
case of Mafabhai Nagarbhai Raval
(Supra) and Dal Singh has observed as
under:-

"23. It is contended by the learned
Counsel for the Appellant when the
deceased sustained 100% burn injuries, she
could not have made any statement to her
brother. In this regard, we may profitably
refer
to
the
decision
in
Mafabhai
Nagarbhai Raval v. State of Gujarat
(1992) 4 SCC 69 wherein it has been held a
person suffering 99% burn injuries could
be deemed capable enough for the purpose
of making a dying declaration. The Court
in the said case opined that unless there
existed some inherent and apparent defect,
the trial Court should not have substituted
its opinion for that of the doctor. In the
light of the facts of the case, the dying
declaration was found to be worthy of
reliance.

24. In State of Madhya Pradesh v.
Dal Singh and Ors. : (2013) 14 SCC 159,
a two-Judge Bench placed reliance on the
dying declaration of the deceased who had
suffered 100% burn injuries on the ground
that the dying declaration was found to be
credible."

12. It is a fact that the deceased died
due to burn injuries and, therefore, we concur
with the learned Judge that the death was a
homicidal death. Death is because of the burn
injuries and she had sustained 100% burn .
The dying declaration in its form will not
permit us to take a different view except
sentencing.

13. The recent decision of the Apex
Court in the case of State of Gujarat v.
Bhalchandra Laxmishankar Dave, 2021
(0) AIJEL-SC 66983, decided on 2nd
February, 2021 wherein the Apex Court has
held that while dealing with the matter
relating to conviction, the Court should
discuss the decision of the trial court and also
the judgment in Guru Dutt Pathak v. State
of Uttar Pradesh, LAW(SC) 2021 5 5,
decided on 5th May, 2021. All the principles
laid down in these latest decisions, oblige us
to consider the evidence afresh as discussed
by learned Sessions Judge.

14. Factual scenario goes to show that
the accused has been named in the FIR. It
is not proved that there was any enmity
between the mother (deceased) and the
accused, though there is some doubt.
Learned
counsel
for
the
appellant
contended
that
he
would
press
for
commutation of sentence from life to a
lesser sentence in view of latest decision of
the Apex Court in catena of decisions
foremost would be a very recent judgment
of Hon'ble Supreme Court titled as Manoj
Mishra @ Chhotkau Vs. The State of
Uttar Pradesh (Criminal Appeal No.1167
of 2021) decided on 8th October, 2021 is
also considered by us.

15. It would now be necessary for this
Court to discuss the role of the accused and
the manner in which, the incident occurred
the injuries are found; (a) the accused is in
jail since more than 7 years; (b) the
incident appears to have occurred on spur
of the moment, it is very clear that the
death of victim occurred at the hands of the
sole accused.
946 INDIAN LAW REPORTS ALLAHABAD SERIES

16. While considering the deposition
of
eye
witnesses,
entire
evidence
considered the injuries are not superficial,
but as such which shows that the intention
of the accused as culled out from the record
does not show that the accused had
intention to do away with his mother,
therefore, altercation between the same.

17. The accused was major at the time
of commission of offence, he is the son of
the deceased. There was altercation and,
the occurrence of incident had taken place
at about 9.00 a.m. in house.

18. In that view of the matter, we
concur with the learned sessions Judge held
that the accused was author of the crime.
We further concur with the learned Judge
on the finding of fact that deceased who
was was aged about 50 years and the injury
caused was sufficient to cause the death.

19. This takes us to the issue of
whether the offence would be punishable
under Section 304 part I or part II of the
I.P.C.

20. In Mohd. Giasuddin Vs. State of
AP, [AIR 1977 SC 1926], explaining
rehabilitary & reformative aspects in
sentencing it has been observed by the
Supreme Court:

"Crime is a pathological aberration.
The criminal can ordinarily be redeemed
and the state has to rehabilitate rather than
avenge. The sub-culture that leads to antesocial behaviour has to be countered not by
undue cruelty but by reculturization.
Therefore, the focus of interest in penology
in the individual and the goal is salvaging
him for the society. The infliction of harsh
and savage punishment is thus a relic of
past and regressive times. The human today
vies sentencing as a process of reshaping a
person
who
has
deteriorated
into
criminality and the modern community has
a primary stake in the rehabilitation of the
offender as a means of a social defence.
Hence a therapeutic, rather than an 'in
terrorem' outlook should prevail in our
criminal courts, since brutal incarceration
of the person merely produces laceration of
his mind. If you are to punish a man
retributively, you must injure him. If you
are to reform him, you must improve him
and, men are not improved by injuries."

21. The term 'Proper Sentence' was
explained in Deo Narain Mandal vs. State
of UP [(2004) 7 SCC 257] by observing
that
Sentence
should
not
be
either
excessively harsh or ridiculously low.
While
determining
the
quantum
of
sentence, the court should bear in mind the
'principle of proportionality'. Sentence
should be based on facts of a given case.
Gravity of offence, manner of commission
of crime, age and sex of accused should be
taken into account. Discretion of Court in
awarding sentence cannot be exercised
arbitrarily or whimsically.

22. In Ravada Sasikala vs. State of
A.P. AIR 2017 SC 1166, the Supreme
Court referred the judgments in Jameel vs
State of UP [(2010) 12 SCC 532], Guru
Basavraj vs State of Karnatak, [(2012) 8
SCC 734], Sumer Singh vs Surajbhan
Singh, [(2014) 7 SCC 323], State of
Punjab vs Bawa Singh, [(2015) 3 SCC
441], and Raj Bala vs State of Haryana,
[(2016) 1 SCC 463] and has reiterated that,
in operating the sentencing system, law
should adopt corrective machinery or
deterrence based on factual matrix. Facts
and given circumstances in each case,
nature of crime, manner in which it was
planned
and
committed,
motive
for
1 All. Ramroop Vs. State
947
commission of crime, conduct of accused,
nature of weapons used and all other
attending circumstances are relevant facts
which
would
enter
into
area
of
consideration. Further, undue sympathy in
sentencing would do more harm to justice
dispensations and would undermine the
public confidence in the efficacy of law. It
is the duty of every court to award proper
sentence having regard to nature of offence
and manner of its commission. The
supreme court further said that courts must
not only keep in view the right of victim of
crime but also society at large. While
considering
imposition
of
appropriate
punishment, the impact of crime on the
society as a whole and rule of law needs to
be balanced. The judicial trend in the
country has been towards striking a balance
between reform and punishment. The
protection of society and stamping out
criminal proclivity must be the object of
law which can be achieved by imposing
appropriate sentence on criminals and
wrongdoers. Law, as a tool to maintain
order and peace, should effectively meet
challenges confronting the society, as
society could not long endure and develop
under
serious
threats
of
crime
and
disharmony. It is therefore, necessary to
avoid undue leniency in imposition of
sentence.
Thus,
the
criminal
justice
jurisprudence adopted in the country is not
retributive but reformative and corrective.
At the same time, undue harshness should
also be avoided keeping in view the
reformative approach underlying in our
criminal justice system.

23. Keeping in view the facts and
circumstances of the case and also keeping
in view criminal jurisprudence in our
country which is reformative and corrective
and not retributive, this Court considers
that no accused person is incapable of
being reformed and therefore, all measures
should be applied to give them an
opportunity of reformation in order to bring
them in the social stream.

24. As discussed above, 'reformative
theory of punishment' is to be adopted and
for that reason, it is necessary to impose
punishment keeping in view the 'doctrine of
proportionality'. It appears from perusal of
impugned judgment that sentence awarded
by learned trial court for life term is very
harsh keeping in view the entirety of facts
and circumstances of the case and gravity
of offence. Hon'ble Apex Court, as
discussed above, has held that undue
harshness should be avoided taking into
account
the
reformative
approach
underlying in criminal justice system.

25. We are even supported in our
decision by the judgment of the Apex Court
reported in Pardeshiram v. State of M.P.,
(2021) 3 SCC 825, where in considering
the
period
of
custody
undergone,
relationship between the appellant and the
deceased and the background in which the
injuries were caused, sentence directed to
be reduced to period already undergone.

26. While going through the record,
we are convinced that the punishment of
life
imprisonment
requires
to
be
substituted. The punishment of seven years
with remissions while maintaining fine and
default sentence will be adequate to the son
who must by now repented in life.

27. Appeal is partly allowed
accordingly.

28. Record and proceedings be sent
back to the trial court.
948 INDIAN LAW REPORTS ALLAHABAD SERIES

29. This court is thankful to learned
counsel for the parties for ably assisting
this Court in getting this matter disposed
off.

30. Learned Amicus Curiae appointed
by Legal Services Committee, who shall be
paid all his dues as are admissible.
----------
(2022)01ILR A948
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 03.12.2021

BEFORE

THE HON'BLE DR. KAUSHAL JAYENDRA
THAKER, J.
THE HON'BLE AJAI TYAGI, J.

Government Appeal No. 82 of 1987

State of U.P. ...Appellant
Versus
Navaratan Lal & Ors. ...Respondents

Counsel for the Appellant:
A.G.A.

Counsel for the Respondents:
Sri Kameshwar Singh

Criminal Law - Indian Penal Code,
1860 - Section 147,342, 323, 506,
498-A, 307, 376/511,306 & 406 -
Accused respondents acquitted of all
charges u/s 147,342, 323, 506, 498-A,
307,
376/511,306
&
406
IPC
by
learned trial court-Appeal- Learned
trial court has examined the St.ments
of
Pws-and
rightly
concluded
in
acquittal-sole evidence of victim does
not find any corroboration by any
independent
or
impartial
witnessrightly concluded that charges leveled
are not proved.

Appeal dismissed. (E-9)

List of Cases cited:

1. M.S. Narayana Menon @ Mani Vs St. of Kerala
& anr., (2006) 6 S.C.C. 39

2. Chandrappa Vs St. of Karn., reported in
(2007) 4 S.C.C. 415

3. St. of Goa Vs Sanjay Thakran & anr., reported
in (2007) 3 S.C.C. 75

4. St. of U.P. Vs Ram Veer Singh & ors.s, 2007
A.I.R. S.C.W. 5553

5. Girja Prasad (Dead) by L.R.s Vs St. of MP,
2007 A.I.R. S.C.W. 5589

6. Luna Ram Vs Bhupat Singh & ors., reported in
(2009) SCC 749

7. Mookkiah & anr. Vs St. Representatives by the
Inspector of Police, Tamil Nadu, reported in AIR
2013 SC 321

8. St. of Karnataka Vs Hemareddy, AIR 1981, SC
1417

9. Shivasharanappa & ors. Vs St. of Karnataka,
JT 2013 (7) SC 66

10. St. of Punjab Vs Madan Mohan Lal Verma,
(2013) 14 SCC 153

11. Jayaswamy Vs St. of Karn., (2018) 7 SCC
219

12. Shailendra Rajdev Pasvan Vs St. of Gujarat,
(2020) 14 SC 750

13. Samsul Haque Vs St. of Assam, (2019) 18
SCC 161
(Delivered by Hon'ble Ajai Tyagi, J.)

1. This appeal under Section 378 (3)
of Criminal Procedure Code (in short
'Cr.P.C.'), at the behest of the State, has
been preferred against the judgment and
order dated 29.9.1986, passed by learned
Special & Additional Sessions Judge,
Banda in Sessions Trial No.522 of 1985
(State vs. Navratan Lal and others) arising
out of Case Crime No.1229 of 1985 under