12 years, 6 months ago

Uneven balance

Examples abound of a pattern of confusion, contradiction and aberrations in judgments in death penalty cases. In Furman, where the United States Supreme Court struck down the death penalty, Justice Thurgood Marshall said that if citizens were fully informed, they would find capital punishment shocking, unjust and unacceptable. While Jeeta Singhs appeal was dismissed by a Bench of three judges and he was hanged, a different Bench of two judges commuted Kashmira Singhs death sentence to life imprisonment. Sinha commuted all death sentences for child rape and murder, Justice A. Pasayat upheld or imposed the death penalty in every such case even when lower courts had acquitted the accused or commuted the sentences. Satish, convicted of raping and strangling a five-year-old girl, was sentenced to death by Justice Pasayats Bench even though the case was based on weak circumstantial evidence and the High Court had acquitted him.

Death Supreme Court Court Case Death Penalty Judges Penalty Cases Singh Supreme Bench Sentence This Court His Case Life Imprisonment Death Penalty Cases Bhagwati Case Justice Bachan Bachan Singh Justice Bhagwati Harbans Singh Jeeta Singh Pasayats Bench Justice Pasayats Bench uneven bench court case justice cases judges supreme penalty sentence balance death

History of this topic

3 weeks, 2 days ago

What judges said on refusing demands for a death sentence to Sajjan Kumar

India Today

A Delhi court on Tuesday awarded life imprisonment to former Congress MP Sajjan Kumar in a murder case related to the 1984 anti-Sikh riots. WHAT SPECIAL JUDGE KAVERI BAWEJA'S VERDICT SAID "The 'satisfactory' conduct of the convict as per the report of the jail authorities, the ailments from which he is reportedly suffering, the fact that the convict has roots …

1 month ago

SC sets aside death penalty to man convicted of killing wife, daughter

Hindustan Times

India’s criminal justice system disproportionately disadvantages the accused, especially those who are economically or socially vulnerable, the Supreme Court has lamented while setting aside the death penalty awarded to a man convicted of murdering his wife and 12-year-old daughter. The court held that the accused was denied a fair trial due to procedural deficiencies, including the absence of legal representation …

1 month, 2 weeks ago

Death penalty an exception, not the rule: SC

Hindustan Times

The Supreme Court has reaffirmed that not every case of multiple murders qualifies as a “rarest of rare” instance warranting the death penalty, particularly when there is potential for reform. The court underscored that while the crime was brutal and deeply disturbing, the absence of criminal antecedents, favourable prison reports indicating a scope for rehabilitation and legal precedents weighed against …

2 months ago

Court's 'last opportunity' to Centre to decide on Beant Singh killer's mercy plea

India Today

The Supreme Court on Monday granted the Centre additional time to decide on the mercy petition of Khalistani terrorist Balwant Singh Rajoana, who was convicted in the 1995 assassination of then Punjab Chief Minister Beant Singh. The top court was hearing Rajoana's plea, which seeks to commute his death sentence to a life term, citing "inordinate delay" in deciding his …

3 months, 1 week ago

Supreme Court Stays Death Sentence Of Man Convicted For Killing Mother

Live Law

The Supreme Court yesterday stayed the death sentence of a man convicted for brutal killing of his own mother and eating her organs. In July 2021, a Session Court in Kolhapur convicted and sentenced him to death, saying that the incident shook the "collective conscience of the society". Upholding the death sentence awarded to him, the High Court said, "This …

4 months ago

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks

Live Law

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

8 months, 1 week ago

Soumya Vishwanathan murder case: Supreme Court seeks reply of convicts on Delhi Police’s pleas against bail

The Hindu

The Supreme Court on July 8 agreed to examine the pleas filed by Delhi Police challenging the high court's order granting bail to four convicts, who were sentenced to life imprisonment in the murder case of TV journalist Soumya Vishwanathan. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma issued notice on the four pleas filed by Delhi …

9 months, 2 weeks ago

Why Ram Rahim Singh Was Acquitted In 2002 Murder Case? Punjab & Haryana High Court Belies Polygraph Test, Says CBI Coerced Key Witness

Live Law

In its 163-page judgment, the Punjab and Haryana High Court today acquitted Dera Sacha Sauda chief Gurmeet Ram Rahim Singh and four others who were sentenced to life imprisonment by a CBI court in the 2002 Ranjit Singh murder case.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra found the CBI, which took over the probe in November …

1 year, 4 months ago

'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence

Live Law

Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. It has been held that the court would …

1 year, 10 months ago

Supreme Court Declines To Commute Death Penalty Of Balwant Singh Rajoana, Allows Centre To Decide Mercy Petition 'When Necessary'

Live Law

In a significant development, the Supreme Court on Wednesday refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India. A three-judge bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol was hearing a writ petition seeking for …

2 years, 4 months ago

Supreme Court commutes death sentence of rape, murder convict B A Umesh to life imprisonment

India Today

The Supreme Court on Friday commuted the death row of a rape and murder case convict to life imprisonment. The convict, former police constable BA Umesh alias Umesh Reddy, had filed a plea in the Supreme Court, based on which a bench headed by the Chief Justice of India Justice UU Lalit commuted his death sentence to that of life …

2 years, 10 months ago

Revisiting death penalty jurisprudence

The Hindu

On April 22, a Bench of the Supreme Court of India, led by Justice U.U. Several other cases also were decided by ignoring the Bachan Singh doctrine, as noted by the Supreme Court itself in Santhosh Kumar Satishbhushan Bariyar vs State of Maharashtra and Rajesh Kumar vs State. Taking empirical lessons from the fate of Bachan Singh, the Supreme Court …

2 years, 11 months ago

Supreme Court underscores need for holistic picture of convicts facing death penalty sentencing

The Hindu

A man condemned to death for the brutal gangrape of a seven-year-old girl in Madhya Pradesh has turned the spotlight on a question that has haunted trial judges — do they really know the person they send to the gallows? The Madhya Pradesh High Court, when the case came up in appeal, reasoned that death penalty was an effective deterrent …

2 years, 11 months ago

Supreme Court Sets April 30 Deadline For Centre To Decide Death Row Convict Balwant Singh Rajoana's Mercy Petition

Live Law

The Supreme Court has directed the Central Government to take a call by April 30 with respect to the mercy petition of death row convict Balwant Singh, who has been in jail for over 26 years for the assassination of killing former Punjab Chief Minister Beant Singh.The bench of Justices UU Lalit, SR Bhat and PS Narasimha warned that if …

3 years, 3 months ago

Breaking: Supreme Court Acquits Three Death Row Convicts, Holds Prosecution Utterly Failed To Prove Case Beyond Reasonable Doubt

Live Law

The Supreme Court acquitted three murder accused who were sentenced to death by the Trial Court and the Allahabad High Court.The bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed that the prosecution utterly failed to prove the case beyond reasonable doubt.Momin Khan was accused of murdering his parents, brother and other relatives following a property. The …

3 years, 3 months ago

Supreme Court Commutes Death Sentence in a Triple Murder Case

Live Law

Supreme Court has recently commuted the death penalty awarded to a man convicted for triple murder.A bench comprising of Justice B.V. Nagarathna, Justice L. Nageshwar Rao, Justice B.R. Gavai was considering an appeal filed by the convict against the Madhya Pradesh High Court Judgment sentencing him to death by affirming the death sentence passed by the trial Court for the …

4 years, 1 month ago

Supreme Court Defers Balwant Singh Rajoana's Plea For Death Penalty Commutation By 6 Weeks

Live Law

The Supreme Court on Friday deferred the hearing on the petition filed by death row convict Balwant Singh Rajoana seeking commutation of death penalty, after the Central Government requested the bench to await the decision of the President of India on his mercy petition. The Solicitor General of India, Tushar Mehta, informed a bench headed by the Chief Justice of …

4 years, 4 months ago

'Is He Some Kind Of A Monster?': Supreme Court Remarks While Staying Execution Of Death Penalty

Live Law

The Supreme Court has stayed the execution of the death sentence awarded to a man who was found guilty for the gruesome act of murdering a woman by strangulating her, cutting her abdomen and taking out some organs from her bodyThough the bench headed by the Chief Justice of India, S A Bobde, stayed the execution, it could not hide …

5 years ago

SC Dismisses Plea Challenging Constitutionality Of Execution Of Death Penalty By Hanging

Live Law

Supreme Court has dismissed a petition filed by a 88-year old freedom fighter challenging the constitutional validity of delivering death penalty by hanging by deathThe Bench headed by Justice SA Bobde dismissed the petition filed by S Paremeswaran Nampoothiri challenging Section 354 of the Code of Criminal Procedure, which states when any person is sentenced to death, the sentence. Supreme …

5 years, 1 month ago

A Bizarre Tale Of 3 Death Row Convicts Facing Different Fates In Same Case

Live Law

Death penalty cannot be executed separately against a single convict, when legal proceedings filed by other co-convicts in the same case are pending - this is one of the arguments raised by lawyers for the convicts in the Nirbhaya case to seek deferral of their executions.The lawyers cited Rule 836 of the Delhi Prison Rules to buttress this argument.The Prosecution …

5 years, 2 months ago

Nirbhaya Case : SC Dismisses Curative Pleas Of Two Death Row Convicts [Read Order]

Live Law

A 5-judge bench of the Supreme Court on Tuesday dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan did not find any merits in the curative petitions. …

5 years, 5 months ago

Doctrine Of Prudence: SC Commutes Death Penalty Awarded To Man Convicted For Murder Of Wife, 4 Kids [Read Judgment]

Live Law

Partly allowing his review petition, the Supreme Court commuted the death penalty awarded to Sudam @ Rahul Kaniram Jadhav, convicted for murder of his wife and four children.Sudam was accused of murdering his wife, and the four children by strangulating them. Partly allowing his review petition, the Supreme Court commuted the death penalty awarded to Sudam @ Rahul Kaniram Jadhav, …

5 years, 6 months ago

Juvenility Claim After President's Mercy: Uttarakhand HC Dismisses Triple Murder Convict's Plea [Read Judgment]

Live Law

The Uttarakhand High Court dismissed a 'Juvenility' plea of a triple murder convict whose death sentence affirmed by the Apex Court was later modified to life imprisonment by the President of India.Om Prakash @ Nazrul @ Raju Dass @ Raju Chaudhary @ Saiful Islam was sentenced to death after he was found guilty of triple murder. The Uttarakhand High Court …

5 years, 10 months ago

Punjab & Haryana HC Upholds Death Sentence Of A Murder Accused Already On Death Row In Another Case [Read Judgment]

Live Law

The Punjab and Haryana High Court, on Thursday, upheld the death penalty awarded to a man accused of murdering four persons, including two minor children, belonging to one family. After it came to light that Khushwinder Singh confessed his involvement in this case, during investigation in another murder case, the matter was re-investigated by CBI. The conviction and death sentence …

6 years ago

When SC Ignored Precedents To Confirm A Death Sentence

Live Law

The court officer called Item no. Ironically, the judgment acquitting Shinde and five others, was authored by Justice MR Shah, who also penned a 27 page judgment, confirming death sentence awarded to Singh. Justice Kurian Joseph led bench, in November 2018, had held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess …

6 years ago

SC Acquits Six Men to Whom It Had Given Death Sentence in 2009

The Quint

The judgment of the court could have far-reaching consequences because it was a complete U-turn on the decision originally taken by the Supreme Court itself 10 years ago. The legal error made by Justice Pasayat in the 2009 decision had been made in six other cases, and there was a significant issue with contrasting death penalty decisions during his tenure …

6 years ago

Supreme Court commutes man's death penalty to life term referring to his reformative poems

India TV News

Supreme Court commutes man's death penalty to life term referring to his reformative poems The Supreme Court has commuted to life term the death penalty awarded to a man for murdering a child, saying he wanted to reform himself and poems written by him in jail indicate that he realised his mistake. The Supreme Court has commuted to life term …

6 years, 1 month ago

SC Acquits 3 Men Who Were Sentenced To Death Penalty, Commutes It For One [Read Order]

Live Law

The Supreme Court on Wednesday acquitted three murder accused whose death penalty was confirmed by the Karnataka High Court. The three-judge bench comprising CJI Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna also commuted death penalty awarded to one accused to life imprisonment. The apex court acquitted three accused holding that there was lack of adequate evidence on …

6 years, 3 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

6 years, 3 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law

6 years, 4 months ago

SC Commutes Death Penalty In Kidnap-Cum-Murder Case [Read Order]

Live Law

The Supreme Court last week ‘altered’ death sentence awarded to a murder convict to ‘life imprisonment’.The bench of Justice NV Ramana, Justice Mohan M Shantanagoudar and Justice MR Shah set aside the death penalty imposed on Swapan Kumar Jha in a short order stating that a reasoned order will follow. The bench of Justice NV Ramana, Justice Mohan M Shantanagoudar …

6 years, 4 months ago

SC Commutes Death Penalty In Kidnap-Cum-Murder Case [Read Order]

Live Law

7 years, 2 months ago

Jigisha Murder Case “Not Rarest Of Rare”: Delhi HC Commutes Death Of 2, Says Conduct As Under-Trial Prisoners Not Sufficient Marker Of Potential For Reform [Read Judgment]

Live Law

The Delhi High Court on Thursday commuted the death sentence of two of the three convicts in the 2009 Jigisha Ghosh murder case, while confirming the life term awarded by the trial court to the third convict as it held that the crime could not be characterised as the “rarest of rare” warranting the award of capital punishment.A bench of …

7 years, 4 months ago

Punjab & Haryana HC Rejects Sister’s Plea To Commute Death Sentence Of Balwant Singh Rajoana [Read Judgment]

Live Law

The condemned prisoner knew about his rights to defend himself during the trial but he deliberately chose not to seek any legal help, the court said.The Punjab and Haryana High Court has rejected the plea of sister of Balwant Singh Rajoana, a death convict, seeking commutation of death sentence.Balwant Singh Rajoana, along with co-accused Jagtar Singh Hawara, was awarded death …

7 years, 7 months ago

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]

Live Law

The Supreme Court has awarded life imprisonment to the accused who were held guilty for the death of three persons including a child, in Uttar Pradesh, which happened 22 years ago,The Trial Court in the instant case, had imposed death penalty on the accused. The High Court not only negatived the death sentence reference, but also acquitted the accused, in …

8 years, 5 months ago

SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder Case [Read Judgment]

Live Law

The petitioner is a menace and has become threat to the society, the Bench observed.After a series of commutation of death sentences and acquittals in September, the month of October began with the Supreme Court Bench headed by Justice Ranjan Gogoi confirming the death penalty imposed on a rape-cum-murder convict Umesh, by dismissing his review petition against the dismissal of …

8 years, 5 months ago

September Blow To ‘Death Penalty’

Live Law

September has been a heaven-sent month for seven persons whose death penalty awarded by high courts for committing heinous crimes like rape and murder was commuted by the Supreme Court.The judgments pronounced this month in their criminal appeals also raise a suspicion whether the apex court is becoming more and more reluctant to award death penalty.The Bench comprising Justice Ranjan. …

8 years, 5 months ago

Exclusive: SC Commutes Another Death Penalty, This Time In Triple Murder Case [Read Order]

Live Law

A Supreme Court order dated 1st September, 2016, which escaped the scrutiny of proponents and opponents of death penalty, has been accessed by Live Law. Vide this order, a three-judge Bench of the apex court comprising Justice Ranjan Gogoi, Justice Prafulla C Pant and Justice Uday Umesh Lalit has commuted the death penalty awarded to one Shyam Singh from Madhya …

8 years, 5 months ago

Absence Of Active Participation In Multiple Murders, A Factor To Not Award Death Penalty; SC Commutes Death Penalty In Yet Another Case

Live Law

We are of the view that so far as the sentence is concerned, the aforesaid fact i.e. absence of any active participation should go into the judicial determination of the question of appropriate punishment, the Bench observed.The Supreme Court Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit might have made a unique record in …

9 years, 7 months ago

Killers of former PM Rajiv Gandhi do not deserve any mercy: Centre tells Supreme Court

Firstpost

The Centre on Tuesday asserted in the Supreme Court that the killers of former Prime Minister Rajiv Gandhi did nor deserve any mercy. The bench was hearing the maintainability of the Centre’s petition opposing Tamil Nadu government’s decision to remit the life sentences and set free seven convicts in Rajiv Gandhi assassination case. It is the issue.” The bench said …

10 years, 8 months ago

SC stays death of two convicts in Delhi gangrape case

The Hindu

Almost five months after it stayed the execution of two of the four convicts in the Delhi gang rape case, the Supreme Court gave identical relief to the two remaining condemned persons on Monday. “Extremely fiendish” All four convicts had approached the Supreme Court after the Delhi High Court upheld the death penalty awarded to them. The High Court had …

10 years, 8 months ago

Supreme Court commutes death sentence of 26-year old murderer of two [Read the Judgment]

Live Law

Commuting the death sentence of a 26 year old accused, Supreme Court bench comprising of Justice H.L. Eqbal noted the mitigating circumstances involved in the case and noted that the case doesn't fall in the "rarest of rare category" even though the accused has committed a heinous crime.The appeal was filed by the accused, Santosh Kumar Singh,. Eqbal noted the …

10 years, 8 months ago

Supreme Court commutes death sentence of 26-year old murderer of two [Read the Judgment]

Live Law

10 years, 8 months ago

Supreme Court commutes Death Sentence of U.P Police Constable, instead awarded 30 years imprisonment, without remission [Read the Judgment]

Live Law

The Supreme Court of India in a recent judgment has commuted the death sentence of Amar Singh Yadav, convicted for the death of his wife and two children to life in jail. The Division bench said that death sentence awarded by the High Court of Judicature at Allahabad is not warranted in this particular case and commuted the death sentence …

10 years, 10 months ago

SC Commuted Death Sentence of a 21 year old Murderer of an 18 yr old girl while attempting to Rape to 'Life' citing young age and Chances of Reform [Read Judgment]

Live Law

Supreme Court on Friday commuted Death Sentence of a 21 year old convict who committed Attempt to Rape and Murder to Life Imprisonment citing the young age and possibilities of reformation.A bench comprising of Justice Sudhansu Jyoti Mukhopadhaya and Justice A.K. Supreme Court on Friday commuted Death Sentence of a 21 year old convict who committed Attempt to Rape and …

10 years, 11 months ago

Supreme Court refuses to interfere with Review Petition demanding Death Penalty to Rajiv Gandhi Assassins [Read Order]

Live Law

Supreme Court today refused to review its judgment commuting the death sentence of three convicts in the Rajiv Gandhi assassination case, Murugan, Santhan and Perarivalan, into life imprisonment.A three Judge bench comprising of Chief Justice P. Sathasivam, Justice RanjanGogoi and Justice Shiva Kirti Singh passed the short order dismissing the Review Petition holding that there is no merit. Supreme Court …

11 years ago

SC stays execution of death penalty of 2 convicts in Delhi gang rape case till March 31

Live Law

The Supreme Court on Saturday stayed till March 31 the execution of death penalty of two of the four convicts in the Delhi gang rape and murder case, a couple of days after the Delhi High Court upheld the punishment awarded to them by the trial court. The order was passed by a Bench of the Apex Court, comprising Justices …

11 years ago

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]

Live Law

The Supreme Court in a recent ruling, commuted the capital punishment of four convicts, who were accused of killing nine people, to life imprisonment on the basis of their young age and poverty-stricken socio-economic background.A Bench of the Apex Court headed by the Chief Justice of India, P Sathasivam, found that the behaviour of the convicts inside the jail was …

11 years ago

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]

Live Law

11 years, 1 month ago

Supreme Court correcting itself? Supreme Court will re-hear the 2009 Death Appeal decided on the basis of a wrong precedent.

Live Law

Finally Supreme Court of India has started its effort to rectify a grave error committed by some of its earlier benches in the interpretation of the doctrine of “rarest of rare”. In essence all the six accused persons deserve death sentence.” It was in the landmark judgment -Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, Justice S.B.Sinha pointed out that …

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7 hours, 46 minutes ago

Demands for SC to act against Allahabad HC judge who sparked public outrage in ‘attempt to rape’ case

The Hindu

An Allahabad High Court judge’s recent observation that a man allegedly grabbing an 11-year-old girl’s breasts, breaking her pyjama strings, and dragging her under a culvert is not enough to charge him with ‘attempt to rape’ has sparked widespread outrage and calls for the Supreme Court’s intervention. ‘Injustice’ National Human Rights Commission member Priyank Kanoongo said the ruling was unjust …

India Justice Court Rape

9 hours, 45 minutes ago

HC commutes death sentence awarded to four to life sentence

The Hindu

The Madurai Bench of the Madras High Court has commuted the death sentence awarded by the Second Additional District and Sessions Court, Tirunelveli, to four persons to life term. In 2014, the Second Additional District and Sessions Court awarded death sentences to Ponnumani, Gurusamy, Muthukrishnan and Kaliraj and imposed a fine on them. The trial court also awarded life sentence …

Court Sentence Life Sentence Death Sentence

SC asks Odisha to decide the premature release plea of Staines murderer in six weeks

Trending News

1 day, 5 hours ago

SC asks Odisha to decide the premature release plea of Staines murderer in six weeks

The Hindu

The Supreme Court on Wednesday asked the Odisha government to take a call on the plea for premature release filed by Ravindra Pal alias Dara Singh, who is serving life sentence for the murders of Australian missionary Graham Stuart Staines and his two minor sons in 1999. Viswanathan gave the State government six weeks to decide the convict’s plea for …

Odisha Court Singh Staines Release Plea

1 day, 13 hours ago