SONU @ SUNIL VERSUS STATE OF MADHYA PRADESH

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 57 of 2022, Judgment Date: May 29, 2020

REPORTABLE

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION 

CRIMINAL APPEAL NO.57 OF 2013 

SONU @ SUNIL ... APPELLANT(S) 

VERSUS 

STATE OF MADHYA PRADESH ... RESPONDENT(S) 

J U D G M E N T

K.M. JOSEPH, J. 

1. The appellant was tried with 4 others and was  convicted under Sections 394, 460 and 302 read with  Section 34 of the Indian Penal Code, 1860 (hereinafter  referred to as, ‘the IPC’, for short). He was also  found guilty of offences under Sections 11 and 13 of  the Madhya Pradesh Dakaiti Avam Vyapharan Adhiniyam,  1981 (hereinafter referred to as, ‘Madhya Pradesh  Adhiniyam’). The appellant was, in fact, sentenced to  death for the offence under Section 302 read with  Section 34 of the IPC along with two other accused  apart from a fine of Rs. 5000/-. He was sentenced to  10 years Rigorous Imprisonment in regard to the offence  under Section 460 of the IPC. He was also handed down  a sentence of 10 years for the offence under Sections 394 read with Section 34 of the IPC. Still further, he  was also sentenced to 7 years for the offence under  Sections 11 and 13 of the Madhya Pradesh Adhiniyam. By  the impugned judgment, the High Court answered the  death reference by holding that in the circumstances,  the death penalty was not warranted. In place of death  penalty, the High Court sentenced the appellant and two  other accused to life imprisonment and enhanced the  fine to Rs. 25,000/-. The appeal filed by the appellant  was dismissed otherwise. The prosecution case, in  brief, appears to be as follows:

Full Judgment