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Paneer Selvam vs. State of Tamil Nadu (Criminal Appeal arising out of SLP (Crl.) No. 533 of 2021)

SLP (Crl.) · 2023 INSC 270Decided 21 Mar 2023
SLP (Crl.) No. 533 of 2021
Ajay Rastogi · Bela M. Trivedi

Background

The appellant and the deceased were relatives who often quarrelled because the deceased used to pester the appellant to buy him liquor. On 14 April 2015, during a village festival, the appellant lured the deceased to a remote spot on the pretext of drinking together, then beat him repeatedly on the face and pinned him to the ground, causing fatal injuries. The Trial Court acquitted the appellant of murder (Section 302 IPC) but convicted him under Section 304(ii) (culpable homicide not amounting to murder) and Section 506(i) IPC, sentencing him to 7 years' rigorous imprisonment; the Madras High Court upheld this. The Supreme Court had earlier granted leave and issued notice only on the limited question of the quantum of sentence.

Decision Breakdown

The Supreme Court noted that both lower courts had found no premeditation and no cruel or unusual conduct by the appellant, and that the fight arose out of the deceased's persistent pestering. It also considered mitigating facts, including that the appellant was the sole son of aged parents and had already served over 4 years in custody. Balancing the gravity of the offence against these mitigating circumstances, the Court partly allowed the appeal and reduced the rigorous imprisonment sentence under Section 304(ii) IPC from 7 years to 5 years, while leaving the rest of the sentence (including the Section 506(i) conviction) undisturbed.

Lesson Learnt

Even after a conviction is finally upheld, the Supreme Court can independently reassess the quantum of sentence by weighing the absence of premeditation, the circumstances of the altercation, and the convict's personal and family circumstances, sentencing is not merely mechanical once guilt is established.

Official source (sci.gov.in)View Judgment (PDF)

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