High Court clarified: Life imprisonment means punishment till last breath, lower court’s decision upheld


The Allahabad High Court has clarified that the sentence of life imprisonment extends to the natural life of the accused, which cannot be fixed by the Court in the number of years. The court said that it is the discretion of the state government to waive the sentence of life imprisonment after serving a minimum sentence of 14 years in jail.


But the sentence of life imprisonment or life imprisonment means till the last breath of the accused. This order has been given by a division bench of Justice Sunita Agrawal and Justice Subhash Chandra Sharma while dismissing Phool Singh and others (three appeals) filed in the 1997 murder case under Kulpahar police station in Mahoba district.

The court upheld the lower court’s decision. The court was hearing the appeal filed by Phool Singh, Kallu and Jogendra and others who were made accused in the case. The district court of Mahoba had sentenced the three accused to life imprisonment under different sections of the IPC including murder. The three accused had challenged the trial court’s decision. It was told on behalf of the petitioners that they have been in jail for 20-21 years. The petitioners demanded that they be released.

Instructions were given to send the accused in custody and send them to jail

The court found that the matter is under the policy framed by the state government. The accused Phool Singh and Kallu are already in jail in the case, so the court did not pass any order in respect of both the petitioners. But the court directed the concerned court to take the appellants named Hari alias Harish Chandra and Charan into custody and send them to jail to serve the remaining sentence. It was argued on behalf of the petitioner Kallu before the court that he has spent 20-21 years in jail. Considering the period of his sentence, he should be released. The court clarified on this that it is not proper.

one accused has died

During the trial, five of the accused, Kallu, Phool Singh, Hari and Charan were convicted of killing Jai Singh. Another accused Jogendra Singh has died in the case.