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2006 DIGILAW 71 (SC)

OMANAKUTTAN v. STATE OF KERALA

2006-01-20

A.K.MATHUR, B.N.AGARWAL

body2006
ORDER 1. Heard learned counsel for the parties. 2. Leave granted. 3. The trial court convicted the appellant under Section 302 of the Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs 50,000, in default, to undergo simple imprisonment for a period of five years. On appeal being preferred, the High Court confirmed the conviction and sentence. Hence, this appeal by special leave. In the present case, notice was issued only on the quantum of fine. Neither the trial court nor the High Court has recorded any reason for awarding exemplary fine of Rs 50,000. This being the position, we are of the view that the impugned order in relation to fine is required to be modified. 4. Accordingly, the appeal is allowed in part and while upholding conviction and sentence of imprisonment awarded against the appellant, the sentence of fine awarded against him is reduced to Rs 1000, in default, to undergo further imprisonment for a period of three months.