SC reduces 10-yr sentence of 84-yr-old man in 1977 murder case

In a 49-year-old murder case, the Supreme Court has provided relief to an 84-year-old man, convicted of culpable homicide not amounting to murder, by reducing his sentence from 10 years rigorous imprisonment to the period already undergone by him, in view of his old age.

A bench of Justices Aravind Kumar and Prasanna B Varale allowed in part an appeal filed by Sewak Ram, who was initially held guilty of murder charge by the trial court and sentenced to life imprisonment.

The court noted the Allahabad High Court modified his conviction from the offence of murder to culpable homicide not amounting to murder and sentenced him to 10 years imprisonment, which remained unchallenged by the state.

As per facts of the matter, appellant Sewak Ram was arraigned as accused No.5 in the FIR registered for the offence punishable under Indian Penal Code (IPC), Sections 148 [now Section 191 of the Bharatiya Nyaya Sanhita (BNS)], 302 (now Section 103 of the BNS), 307 (now Section 109 of the BNS), 323 (now Section 115 of the BNS) read with Section 149 (now Section 190 of the BNS) of  and after the investigation, charge sheet came to be filed. 

He was tried and convicted for the said offence and sentenced to undergo life imprisonment. On challenge being laid to the said judgment and sentence, the High Court allowed the appeal in part, modified the conviction from Section 302 to 304 Part II and sentenced the appellant to 10 years rigorous imprisonment.

According to the prosecution, on April 21, 1977, deceased Phoolchand alongwith the complainant Munshilal were working in the agricultural field and at that point of time the accused persons alongwith 3-4 unknown persons came near the agricultural field armed with guns.

A co-accused Nanhu (since deceased) fired the shot at Phoolchand resulting in his death.

It was also alleged appellant Sewak Ram fired another gunshot, and it was thereafter deceased Phoolchand fell down and subsequently, succumbed to the injuries sustained. 

"Though, the trial court accepted the prosecution case on the basis of evidence tendered by accepting it as gospel truth, the High Court while re-appreciating the entire evidence held that it was unable to ascertain the certainty of the injuries caused by the subsequent fire arm fired by the appellant herein," the bench noted. 

Hence, it arrived at a conclusion that the firearm injury caused by the subsequent gunshot by Sewak Ram – appellant cannot be held to be the cause of death of Phoolchand. 

In other words, the apex court noted, the High Court was unable to accept the plea of the prosecution that gunshot by appellant could not be the cause of death. 

"This finding of the High Court has remained unchallenged. The State is not in appeal whereunder the judgment and order of sentence passed by the trial court convicting the appellant for an offence punishable under Section 302 came to be modified by the High Court by treating it as an offence punishable under Section 304 Part II," the bench said.

In that view of the matter, and also taking into consideration the fact that the appellant is 84 years old, the bench said, "We are persuaded to arrive at a conclusion that sentence already undergone would suffice and meet the ends of justice and accordingly the sentence imposed by appellate court is modified". 

The court thus said, the judgment of the trial court which came to be modified by the High Court by converting the offence punishable under Section 302 to Section 304 Part II and sentencing him to 10 years rigorous imprisonment further modified to the extent of punishment already undergone.

Case Title: Sewak Ram Vs State of Uttar Pradesh 

Bench: Justices Aravind Kumar and Prasanna B Varale

Judgment Date: January 13, 2026