Life imprisonment till death can be imposed only by constitutional courts: HC

The Karnataka High Court has clarified that only constitutional courts — the High Courts and the Supreme Court — have the authority to impose a sentence of life imprisonment till the end of the convict’s natural life. Subordinate courts, including Sessions Courts, do not have the power to award such punishment, the court held.

The observation was made while partially allowing a criminal appeal filed by Rudresh (28), a resident of Shivamogga, who had challenged the order of the 5th Additional District and Sessions Court, Shivamogga, which had sentenced him to life imprisonment till death for the murder of a three-and-a-half-year-old child.

A division bench headed by Justice H P Sandesh held that while the conviction of Rudresh for offences of kidnapping and murder was legally sound and supported by evidence, the Sessions Court had exceeded its jurisdiction by imposing a sentence of imprisonment till the end of natural life.

The bench ruled that a Sessions Court can impose either life imprisonment or death penalty, but it cannot direct that life imprisonment shall mean incarceration till death without remission. Such a sentence, the court said, can be awarded only by constitutional courts after due consideration.

Accordingly, the High Court modified the sentence imposed by the Sessions Court. While upholding the conviction recorded on November 27, 2017, the court set aside the order dated November 30, 2017, insofar as it directed imprisonment till death, and instead imposed a sentence of simple life imprisonment.

As per the prosecution, Rudresh was working at a mutt in Hosamane village of Shivamogga district. The complainant, who was a devotee of the mutt, frequently visited the premises along with her family. Rudresh allegedly developed animosity towards the woman due to disputes related to the affairs of the mutt.

On April 10, 2017, during a religious programme at the mutt, the complainant had stayed overnight along with her family and her three-and-a-half-year-old son. The child went missing early the next morning and was later found murdered.

Police investigation revealed that Rudresh had kidnapped and killed the child. He was subsequently convicted for murder and kidnapping by the Sessions Court.

While affirming the seriousness of the crime, the High Court reiterated the legal principle that sentencing powers must strictly conform to constitutional limits.