RAMRAJ @ NANHOO @ BIHNU versus STATE OF CHHATIISGARH

Citation: [2009] 16 S.C.R. 367 · Decided: 10-12-2009 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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[2009) 16 (ADDL.) S.C.R. 367 
RAMRAJ @ NANHOO @ BIHNU 
v. 
STATE OF CHHATIISGARH 
(SLP (Criminal) No. 4614 of 2006) 
DECEMBER 10, 2009 
[ALTAMAS KABIR AND DR. B.S. CHAUHAN, JJ.] 
Penal Code, 1860- ss. 302 and 201- Prosecution under 
, "' - Circumstantial evidence - Victim was with the accused at 
A 
8 
the time of her death -Accused tried to hide the·· evidence -
C 
He buried the dead body of the victim without informing the 
police - Cause of death found to be homicidal on post 
mortem, after the body was exhumed at the instance of PW 
1 - Conviction by courts below - On appeal, conviction 
upheld. 
D 
Code of Criminal Procedure, 1973 - ss. 432, 433 and 
--f.. 433A - Life imprisonment - Award of, by courts below - Plea 
for release, on the basis of period of 14 years sentence 
already undergone -
Held: Life imprisonment means E 
imprisonment for the natural life term of a convict - It can be 
reduced on account of remission ulss. 432 and 433 - But 
except under Articles 72 and 161 of Constitution, a sentence 
of life imprisonment, by virtue of non-obstante clause of s. 
433A, cannot be reduced below 14 years - On facts, since 
• accused was fortunate to have escaped death penalty, he 
F 
should not be released on completion of 14 years 
imprisonment - His case for premature release may be taken 
up by authorities concerned, after he completes 20 years of 
lmprisOnment - Penal Code, 1860 - ss. 45 and 47 -
Constitution of India, 1950-Articles 72 and 161 - Sentence/ G 
Sentencing. 
Words ·and Phrases -
'f..ife i;nprisonment' and 
367 
H 
368 
SUPREME COURT REPORTS [2009) 16 (ADDL.) S.C.R. 
A 'Imprisonment for life' - Meaning of, in the context of /PC and 
... ,, 
Cr.P.C. 
Petitioner-accused was convicted u/ss. 302 and 201 
IPC and was sentenced to life imprisonment by trial court. 
B High Court confirmed the conviction and sentence. 
In the Special Leave Petition, appellant interalia 
contended on the question of sentence that the accused 
having already undergone 14 years of sentence of actual 
). , 
imprisonment, which with remission would amount to 17 
c years, he should be released on the basis of the period 
of sentence already undergone. 
Dismissing the Special Leave Petition, the Court 
D 
HELD: 1. The High Court noted the fact that there was 
no direct and ocular evidence in the case, but the fact 
that the deceased was found dead and !he petitioner 
~. 
informed the villagers that she had died of pain in her 
stomach, confirms the fact that he was with her at the time 
E 
of her death. Furthermore, the conduct of the petitioner 
in not reporting the matter to the petitioner and, on the 
other hand, burying the body of the victim in an attempt 
to shield himself of the offence, does not enure to the 
benefit of the petitioner. Had it not been for the insistence 
of PW-1, such evidence may have gone completely 
F unnoticed. It is only on account of his insistence that the 
• 
body of the victim was exhumed, and, thereafter, 
subjected to post mortem examination which, ultimately, 
revealed the fact that it was not simply a stomach pain 
which caused the death of the victim but the several 
G injuries which had been caused to her. The very fact that 
he tried to hide the evidence, resulted in his conviction 
also under Section 201 IPC. In such circumstances, there 
is no reason to interfere with the judgment and order of 
~ -
the High Court as far as conviction and sentence is 
H concerned. (Paras 3 and 4) [372-0-G) 
·. 
RAMRAJ @ NANHOO @ BIHNU v. STATE OF 
369 
CHHATIISGARH 
2.1. Life imprisonment is not to be interpreted as A 
being imprisonment for the whole of a convict's natural 
life within the scope of Section 45 of IPC. On a conjoint 
reading of Sections 45 and 47 IPC and Sections 432, 433 
and 433A Cr.P.C., it is well established that a convict 
awarded life sentence has to undergo imprisonment for B 
at least 14 years. While Sections 432 and 433 empower 
the appropriate Government to suspend, remit or 
commute sentences, including a sentence of death and 
life imprisonment, a fetter has been imposed by the 
legislature on such powers by the introduction of Section c 
433A into Cr.P.C. by the Amending Act of 1978. [Paras 15 
and 16] [379-A, E-F] 
2.2. By virtue of the non-obstante clause used in 
Section 433A Cr.P.C., the minimum term of imprisonment 
in respect of an offence where death is one of the D 
punishments provided by laws or where a death 
sentence has been commuted to life sentence, has bee

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