Reformative approach and proportionality lead to reduction in sentence for Baba Vishwakarma, convicted under Section 304 IPC.
In a significant judgment, the Allahabad High Court has modified the life imprisonment sentence of Baba Vishwakarma to the period already undergone, emphasizing the reformative theory of punishment and the principle of proportionality. The Division Bench comprising Justices Siddhartha Varma and Jai Krishna Upadhyay delivered the judgment on April 8, 2026, in a jail appeal filed by the appellant against the order of the Additional District & Sessions Judge, Allahabad.
Baba Vishwakarma was initially convicted for culpable homicide not amounting to murder under Section 304 of the Indian Penal Code (IPC) by the trial court and was sentenced to life imprisonment. The case stemmed from a tragic incident on December 12, 2013, where Vishwakarma, in a fit of anger, caused the death of his stepdaughter, Kajal, by throwing her on the ground and striking her with an iron rod.
The High Court acknowledged the gravity of the offence but highlighted the importance of a reformative approach in sentencing. The Bench noted that the appellant had already served over twelve years in prison and had no prior criminal record. The court concluded that life imprisonment was excessively harsh given the circumstances and opted to reduce the sentence to the time already served, aligning with the principles of reformative justice and proportionality.
The judgment also underscored the credibility of the sole eyewitness, Malti Devi, the appellant's wife, whose testimony was pivotal in the conviction. Despite attempts by the defense to question her character and credibility, the court found her testimony reliable and corroborated by medical evidence.
The decision reflects a judicial inclination towards a more rehabilitative approach in sentencing, focusing on the potential for reformation rather than retribution. The court affirmed that the punishment should correspond to the culpability and societal expectations, thus modifying the sentence to achieve a balance between justice and humanity.
The appellant is to be released forthwith, provided he is not required in any other case. The fine imposed by the trial court remains upheld, with an additional stipulation for a default sentence if unpaid.
Bottom Line:
Conviction under Section 304 IPC modified from life imprisonment to the period already undergone, considering the reformative theory of punishment and the principle of proportionality.
Statutory provision(s): Section 304 IPC, Section 313 Cr.P.C.
Baba Vishwakarma v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2880390
