In Brief
A man convicted of murder by a trial court received 10 years imprisonment. The State of Gujarat appealed seeking enhanced punishment under Section 377 of the Criminal Procedure Code. The High Court appointed an amicus curiae to represent the accused (who did not appear) and enhanced the sentence to life imprisonment, as required by law for Section 302 IPC offences. The accused challenged this in the Supreme Court, arguing procedural irregularity and lack of opportunity to defend. The Court held that due notice was served, the High Court properly appointed an amicus curiae to protect the accused's rights, and the enhancement was legally correct as life imprisonment (not 10 years) is the mandatory punishment for murder under Section 302 IPC. The appeal was dismissed.
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