The Court cannot impose a lesser punishment than what is prescribed by law
Excerpt from : Ramswaroop And Anr. Vs. State of Madhya Pradesh’
12) Finally, learned counsel for the appellants while pointing out that Ramswaroop (Appellant No. 1 herein) has served 7 years, 4 months and 18 days in jail and Chintu Mahte (Appellant No. 2 herein), aged about 80 years, has served 6 years, 4 months and 18 days, pleaded for leniency. We are unable to accept the above claim of the learned counsel for the appellants since the prosecution has established its case beyond reasonable doubt, particularly, the role of the appellants who caused fatal injuries. Since we are affirming the conviction under Section 302, the Court cannot impose a lesser sentence than what is prescribed by law, however, taking note of the age of Chintu Mahte (Appellant No. 2 herein), he is free to make a representation to the Government for remission and if any such representation is made, it is for the Government to pass appropriate orders as per the rules applicable. In the above circumstance, the sentence cannot be altered to the period already undergone and the said request of the counsel for the appellants is rejected.