Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | Crl.A. No.-005587-005587 – 2025 |
| Diary Number | 43590/2024 |
| Judge Name | HON’BLE MR. JUSTICE K. VINOD CHANDRAN |
| Bench |
HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON’BLE MR. JUSTICE K. VINOD CHANDRAN |
| Precedent Value | Binding authority |
| Overrules / Affirms | Affirms existing precedents |
| Type of Law | Criminal law |
| Questions of Law |
|
| Ratio Decidendi | The power to award life imprisonment without any remission as an alternative to the death penalty under the “rarest of the rare” or grossly disproportionate crimes lies exclusively with Constitutional Courts (Supreme Court and High Courts) and cannot be exercised by a Sessions Court. A Sessions Court also lacks competence to curtail the mandatory set-off provision under Section 428 CrPC; the statutory entitlement to credit for pre-conviction detention cannot be overridden by judicial direction. |
| Judgments Relied Upon |
|
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court | A widow was set ablaze with kerosene by a relative after rebuffing sexual advances; she died after ten days with 60% burns. Key relatives and neighbours witnessed her hospitalisation and the accused’s flight, though some turned hostile. A dying declaration recorded by the Head Constable at Hyderabad and corroborated by the duty doctor established the accused’s responsibility. Conviction for murder under Section 302 IPC was affirmed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts |
| Follows |
|
What’s New / What Lawyers Should Note
- Sessions Courts have no jurisdiction to impose life imprisonment “till the end of natural life” by excluding remission—only Supreme and High Courts may do so under the “alternative sentencing” principle.
- A Sessions Court cannot direct that set-off for pre-conviction detention under Section 428 CrPC be denied; statutory credit is mandatory.
- Confirms that Articles 72 & 161 remission powers and Sections 432–435 CrPC commutation/remission provisions cannot be curtailed by subordinate courts.
Summary of Legal Reasoning
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Competence to Impose No-Remission Life Term
- Swamy Shraddananda (2) established “alternative sentencing” beyond 14-year remission for the rarest offences, exercisable only by Constitutional Courts.
- Navas Alias Mulanavas applied that principle to confirm life without remission for 25 years by a High Court.
- Union of India v. Murugan reaffirmed alternative sentencing limited to Supreme and High Courts.
-
Statutory Remission and Constitutional Remission Powers
- Life imprisonment inherently allows remission/commutation under Sections 432–435 CrPC and Articles 72 & 161.
- A Sessions Court, as a CrPC creation, cannot override statutory remission or constitutional remission powers.
-
Set-Off under Section 428 CrPC
- Section 428 mandatorily credits pre-conviction detention against sentence.
- The trial court’s direction to deny set-off was ultra vires and was deleted.
Arguments by the Parties
Appellant (Accused)
- Relied on Navas Alias Mulanavas and Swamy Shraddananda (2) to argue for life imprisonment without remission.
- Contended that a life-term “till natural life” bar on remission and set-off was sustainable.
Respondent (State of Karnataka)
- Maintained that only Constitutional Courts can curtail remission or grant life without remission.
- Argued Section 428 CrPC entitlement to set-off could not be ousted by any judicial direction.
Factual Background
A relative by marriage poured kerosene on a widow in her shanty after repeated unwanted sexual advances and set her ablaze on 01.01.2014. Neighbours and a brother-in-law responded to her cries and took her to hospital. She succumbed to 60% burns after ten days. Several close relatives turned hostile, but a dying declaration recorded by police and confirmed by a doctor, plus circumstantial flight evidence, led to conviction under Section 302 IPC.
Statutory Analysis
- Section 428 CrPC: Mandatory set-off of pre-conviction detention against sentence, cannot be excluded by court order.
- Sections 432–435 CrPC & Articles 72 & 161 Constitution: Grant remission and commutation powers to the Executive, which sessions courts cannot curtail.
- CrPC Structure: Sessions Courts are creations of the Code and cannot expand or contract statutory sentencing frameworks.
Alert Indicators
- ✔ Precedent Followed