“Interest of Justice”: Supreme Court Reduces Sentence in Attempt to Murder Case from 5 Years to 3 Years

New Delhi, September 4, 2023 – In a landmark judgment, the Supreme Court of India has reduced the sentence of Pramod Kumar Mishra, convicted under Section 307 IPC for attempt to murder, from 5 years to 3 years of rigorous imprisonment. The Bench, comprising Justices Abhay S. Oka and Sanjay Karol, delivered the decision today, emphasizing the “interest of justice” in the case.

The appeal was limited to the question of the quantum of the sentence imposed on the appellant, who had been convicted by the Trial Court and whose conviction was later upheld by the High Court of Allahabad. The Supreme Court observed that while sentencing, both “aggravating and mitigating circumstances” need to be considered.

The Court noted that 39 years have passed since the date of the offense and that there were no criminal antecedents of the appellant on record. “Therefore, in the interest of justice and in consideration of the abovementioned mitigating factors, this Court reduces the sentence,” the judgment read.

The appellant has also been ordered to pay a fine of Rs. 50,000 within a period of 6 weeks, which will go to the complainant as compensation. In default of payment, the appellant will undergo an additional 3 months of rigorous imprisonment.

The judgment also cited several previous cases to emphasize the principles and philosophies behind sentencing, stating that the Court has to “delicately balance the aggravating and mitigating factors and circumstances in which a crime has been committed.”

Legal experts view this judgment as significant, especially in the context of sentencing policies in India, which the Court noted are not yet statutory. The decision is expected to be cited in future cases involving similar circumstances.

The appeal has been partly allowed, and the appellant is directed to undergo the remaining period of his sentence.

Date of Decision:  04 September 2023

PRAMOD KUMAR MISHRA vs THE STATE OF U.P.