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Tag: Reduction of Sentence in case of Compromise even in case on Non-Compoundable Offence

Murali Vs State on 05 Jan 2021

Posted on January 13, 2021 by ShadesOfKnife

This 3 judge bench of Supreme Court held that, if the parties compromise in a non-compoundable case, the sentence can be reduced. Here are the grounds taken by Court,

13. Given this position of law and the peculiar circumstances arising out of subsequent events, we are of the considered opinion that it is a fit case to
take a sympathetic view and reconsider the quantum of sentences awarded to the appellants. We say so because: first, the parties to the dispute have mutually buried their hatchet. The separate affidavit of the victim inspires confidence that the apology has voluntarily been accepted given the efflux of time and owing to the maturity brought about by age. There is no question of the settlement being as a result of any coercion or inducement. Considering that the parties are on friendly terms now and they inhabit the same society, this is a fit case for reduction of sentence.
14. Second, at the time of the incident, the victim was a college student, and both appellants too were no older than 2022 years. The attack was in
pursuance of a verbal altercation during a sports match, with there being no previous enmity between the parties. It does raise hope that parties would have grown up and have mended their ways. Indeed, in the present case, fifteen years have elapsed since the incident. The appellants are today in their mid-thirties and present little chance of committing the same crime.
15. Third, the appellants have no other criminal antecedents, no previous enmity, and today are married and have children. They are the sole bread
earners of their family and have significant social obligations to tend to. In such circumstances, it might not serve the interests of society to keep them
incarcerated any further.
16. Finally, both appellants have served a significant portion of their sentences. Murali has undergone more than half of his sentence and Rajavelu has been in jail for more than one year and eight months.

Murali Vs State on 05 Jan 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Murali Vs State Reduction of Sentence in case of Compromise even in case on Non-Compoundable Offence Reportable Judgement or Order | Leave a comment

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