In a recent judgment dated October 14, 2024, the Incomparable Court of India in Sandeep vs. State of Uttarakhand tended to the request of Sandeep, sentenced of kill under Section 302 perused with Section 34 of the Indian Penal Code (IPC). The case related to the kill of Abdul Hameed in 1997, where Sandeep was sentenced for his part within the shooting. At first, the trial court indicted Sandeep, whereas two co-accused were vindicated. The conviction was maintained by the Uttarakhand Tall Court.
Sandeep's offer raised different contentions, counting the nonappearance of particular parts assigned to the charged within the FIR, disparities in witness explanations, and the non-examination of key witnesses. In spite of these disputes, the Incomparable Court found that the arraignment had demonstrated Sandeep's blame past sensible question through the declaration of witnesses and scientific prove. The nearness of a gun, witness accounts of the shooting, and recuperation of a country-made gun were pivotal in certifying his inclusion.
While the court upheld the conviction under Section 302 IPC, it overruled the application of Section 34 IPC, finding no proof of a common intention among the accused. This removed the additional charges related to the involvement of others in the crime.
Considering Sandeep’s lengthy imprisonment of over 14 years, his good conduct in jail, and the possibility of reformation, the court decided to reduce his life sentence to the period already served. Sandeep was ordered to pay the fine imposed by the trial court and was to be released unless required in other cases
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TAGS: Supreme Court Sandeep vs State of Uttarakhand Section 302 IPC Section 34 IPC life imprisonment sentence modification criminal appeal murder conviction good conduct reformation.
