They Convicted Him And Sentenced Him In The Same Breath, And Explained Why
An acquittal from 2018 has been reversed and life imprisonment imposed — without the separate hearing on sentence that usually follows, and the Court set out the reason.
The Court allowed the State's appeal, set aside the acquittal and convicted the accused under Section 302 of the Penal Code and Section 27 of the Arms Act. Because life imprisonment is the minimum sentence under Section 302 and the case does not fall within the rarest of rare category on the mitigating and aggravating circumstances, there was no need to hear the accused on sentence.
- A separate sentence hearing is not always required. Where the minimum is the only realistic sentence, there is nothing to hear.
- Rarest of rare was considered and rejected, which is what closed the range at the top.
- Rs 90,000 of the Rs 1,00,000 fine goes to PW-4, on proper identification.
- Sentences run concurrently — life, and three years under the Arms Act.
- Court
- High Court of Karnataka at Bengaluru
- Bench
- Justice H.P.SANDESH, Justice B.PRAMOD
- Citation
- Criminal Appeal No. 795 of 2019
- Case
- Criminal Appeal No. 795 of 2019
- Decided
- 3 September 2026
- Outcome
- State's appeal allowed; acquittal set aside and life imprisonment imposed
Why no separate hearing was needed
The punishment for an offence under Section 302 of the Penal Code carries life imprisonment as the minimum sentence.
On the mitigating and aggravating circumstances, the case does not come within the ambit of the rarest of rare category so as to impose the death sentence.
With the floor and the ceiling therefore fixed at the same point, the Court held there was no need to hear the accused regarding sentence.
The order
The appeal was allowed and the judgment of acquittal of 30 November 2018 set aside. The accused was convicted under Section 302 of the Penal Code and Section 27 of the Arms Act, 1959.
He was sentenced to life imprisonment with a fine of Rs 1,00,000 payable within four weeks, of which Rs 90,000 is to be paid to PW-4 on proper identification, and in default a further six months.
For the Arms Act offence he was sentenced to three years with a fine of Rs 10,000 within four weeks, in default a further two months. Both sentences run concurrently.
He was directed to surrender before the trial court within one week, failing which the trial court is to secure him and send him to prison on a conviction warrant.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Must a court always hear the accused before sentencing on appeal?
Not where the minimum sentence is the only one available and the case is not rarest of rare, as the Court held here.
What sentence was imposed?
Life imprisonment under Section 302 with a fine, and three years under Section 27 of the Arms Act, running concurrently.
When the sentence range has only one point in it
- Establish early whether the offence carries a minimum that is also the practical maximum; it decides whether a hearing follows.
- Where the death sentence is theoretically open, address rarest of rare even if you expect it to be rejected.
- Ask for the fine to be directed to the victim or the injured witness.
- Seek concurrent running where there are multiple convictions.
Source. High Court of Karnataka at Bengaluru, Criminal Appeal No. 795 of 2019, decided 3 September 2026 by Justice H.P.SANDESH, Justice B.PRAMOD. This explainer is written from the judgment text as reported.
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