Death sentences cannot be executed without HC nod
7 years, 1 month ago

Death sentences cannot be executed without HC nod

The Hindu  

As per law, no death sentence imposed by a trial court can be executed unless the punishment is confirmed by the High Court too and the Code of Criminal Procedure of 1973 requires trial courts to refer every judgement related to imposition of capital punishment to the jurisdictional High Court for confirmation. Section 366 of the CrPC states: “When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court,” and sub clause of the provision adds that the death convict should be committed to jail custody until further orders to be passed by the High Court. Affirmation rate low A peep into the history of the hearing on RTs as well as appeals against death sentences before the Madras High Court would show that most of those cases have ended up in the capital punishment being commuted to life sentences mostly on the premise that those cases do not fall under the ‘rarest of rare’ category warranting death penalty. Referring to the dictum laid down by the Supreme Court in the famous Bachan Singh case, Machhi Singh case and Devendra Nath Rai’s case, the High Court had been constantly holding that those cases cull out a basic principle of law that death sentence could be awarded only when the collective conscience of the community was so shocked that it would expect the holders of judicial power centre to inflict death penalty irrespective of personal opinions.

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History of this topic

Men gets lifer for sodomising, killing boy in 2018
1 week, 1 day ago

Men gets lifer for sodomising, killing boy in 2018

Hindustan Times  

New Delhi, A Delhi court has convicted a man in a case of sodomy and murder of a 10-year-old boy in 2018 and sentenced him to life imprisonment. Men gets lifer for sodomising, killing boy in 2018 Additional sessions judge Susheel Bala Dagar said death penalty wasn't warranted owing to the possibility of the convict's reformation and the case didn't …

Death penalty an exception, not the rule: SC
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 …

Capital Punishment An Exception; Even In Cases Of Multiple Murders, Avoid Death Sentence If There's Possibility Of Reform : Supreme Court
1 month, 2 weeks ago

Capital Punishment An Exception; Even In Cases Of Multiple Murders, Avoid Death Sentence If There's Possibility Of Reform : Supreme Court

Live Law  

Recently, the Supreme Court upheld the conviction of a man for murdering his wife and four minor daughters but commuted his death sentence to life imprisonment without remission, citing a lack of criminal antecedents, prison reports indicating reform potential, and precedents against the death penalty in multiple-murder cases.The Court added that even in cases involving multiple murders, no. Recently, the …

5 who raped, killed Chhattisgarh teen, murdered 2 family members sentenced to death
1 month, 3 weeks ago

5 who raped, killed Chhattisgarh teen, murdered 2 family members sentenced to death

Hindustan Times  

RAIPUR: A special court in Chhattisgarh’s Korba has handed down a death penalty verdict for five men who raped and killed a 16-year-old tribal girl before murdering her two family members including a four-year-old girl. Special public prosecutor Sunil Kumar Mishra said he had sought the death penalty for all six accused Additional sessions judge Mamta Bhojwani, who delivered the …

RG Kar rape-murder case: Judge Anirban Das says it is not the 'rarest of rare' cases
2 months ago

RG Kar rape-murder case: Judge Anirban Das says it is not the 'rarest of rare' cases

India TV News  

In a significant development, a local court in Kolkata sentenced Sanjay Roy to imprisonment till death on Monday after he was convicted of the rape and murder of an on-duty doctor at the state-run RG Kar Medical College and Hospital. While hearing the case, Anirban Das, Additional District and Sessions Judge in Sealdah court, said the crime did not fall …

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children
2 months, 3 weeks ago

'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

Live Law  

The Chhattisgarh High Court has recently commuted the extreme sentence of death awarded by a Sessions Court to a man who was found guilty for commission of murder of his wife and three minor children. While finding the crime to be heinous but not 'rarest of rare', the Division Bench of Chief Justice Ramesh Singh and Justice Amitendra Kishore Prasad …

'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old
3 months ago

'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old

Live Law  

The Supreme Court on Tuesday, considering the possibility of reformation as per behavioural and mental assessment reports, converted the death penalty of a convict guilty of sexual assault and murder of a 4-year-old child, to an imprisonment sentence. The Court thus concluded that the failure of any explanation on the part of the accused adds to the chain of circumstances …

Chhattisgarh HC commutes death sentence of man convicted of rape and murder of 7-year-old girl as he is from backward caste
3 months, 2 weeks ago

Chhattisgarh HC commutes death sentence of man convicted of rape and murder of 7-year-old girl as he is from backward caste

Op India  

On Wednesday, 4th December, the Chhattisgarh High Court overturned a man’s death sentence for kidnapping, sexually assaulting, and murdering a seven-year-old child in the year 2021. While acknowledging the intensity of the crime, the Division Bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad also claimed that the case did not meet the stringent ‘rarest of the rare’ …

'Belongs To Backward Community, Reformation Can't Be Ruled Out': Chhattisgarh HC Commutes Death Sentence Of Man For Rape & Murder Of 7 Yr-Old
3 months, 2 weeks ago

'Belongs To Backward Community, Reformation Can't Be Ruled Out': Chhattisgarh HC Commutes Death Sentence Of Man For Rape & Murder Of 7 Yr-Old

Live Law  

The Chhattisgarh High Court has commuted the extreme sentence of death imposed on a man for committing rape and murder of a seven-year-old girl in the year 2021. While weighing the aggravating and mitigating circumstances against the accused-appellant, the Division Bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad held – “These are the incriminating circumstances, but there …

Rape-cum-murder case: SC stays execution of death sentence awarded to convict
8 months ago

Rape-cum-murder case: SC stays execution of death sentence awarded to convict

Deccan Chronicle  

New Delhi: The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016. A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed …

Kerala HC upholds death sentence in 2016 rape and murder of law student
10 months ago

Kerala HC upholds death sentence in 2016 rape and murder of law student

Hindustan Times  

The Kerala high court on Monday upheld the death sentence given by a trial court to Muhammed Ameer ul-Islam, the lone convict in the 2016 rape and murder of a 30-year-old law student in Ernakulam district of the state. Kerala HC upholds death sentence in 2016 rape and murder of law student The accused, then 22 years old and a …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
10 months ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

Man gets death for rape and murder of 8-year-old daughter
1 year, 5 months ago

Man gets death for rape and murder of 8-year-old daughter

Hindustan Times  

A POCSO court in Sitapur on Friday found a man guilty of raping and murdering his eight-year-old daughter, and awarded him the death sentence, senior police officials in Lucknow said. Man gets death for rape and murder of 8-year-old daughter The court of special judge and additional district judge Rahul Prakash, which pronounced the sentence, observed that the rape and …

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old
1 year, 6 months ago

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old

Live Law  

The division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase observed that the trial court did not consider mitigating factors, including the convict's background and the absence of any prior criminal record while awarding the death penalty. The Bombay High Court on Friday commuted the death sentence to 25-year fixed-term imprisonment for a 36 years old labour, convicted …

Chhattisgarh High Court Commutes Death Sentence Of Man Convicted For Murder, Rape Of 12 Year Old To Life Imprisonment
1 year, 10 months ago

Chhattisgarh High Court Commutes Death Sentence Of Man Convicted For Murder, Rape Of 12 Year Old To Life Imprisonment

Live Law  

The Chhattisgarh High Court, while partly allowing a criminal appeal filed by a POCSO convict, has commuted the death sentence awarded to him by the lower court to imprisonment for life. “In case of conviction under Section 302 of the IPC or any conviction for an offence punishable with death or in the alternative imprisonment for life, the Court is …

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 6 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18  

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

SC Upholds Rajasthan HC Decision of Death Penalty to Man for Minor's Rape and Murder
2 years, 8 months ago

SC Upholds Rajasthan HC Decision of Death Penalty to Man for Minor's Rape and Murder

News 18  

The Supreme Court on Friday confirmed the death penalty given to a man for the rape and murder of a seven-and-a-half-year-old mentally and physically challenged girl, saying the crime has been of extreme depravity and shocks the conscience. A three-judge bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar upheld the Rajasthan High Court’s May 29, 2015 …

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict
3 years, 11 months ago

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict

Live Law  

"Section 3 of the SC/ST Act will not be attracted automatically because the victim belongs to such and such category. On Monday, the bench took note of a 2019 judgment of the top cour t, by a bench headed by Justice R. Banumathi, where the court had reduced the sentence of life imprisonment of a murder convict to the sentence …

Why Victim Cannot Seek Enhancement Of Sentence U/s.372 Of The CrPC?
4 years, 6 months ago

Why Victim Cannot Seek Enhancement Of Sentence U/s.372 Of The CrPC?

Live Law  

Since 2009, the victim has officially entered in the textbook of Criminal Law. It is to be remembered that right of the victim to prefer an Appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation … has been inserted for the first time in the CrPC by adding …

SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons [Read Judgment]
6 years ago

SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons [Read Judgment]

Live Law  

The Supreme Court, after a long gap and a series of commutations, has confirmed a death sentence in a judgment delivered on Tuesday. The bench comprising Justice AK Sikri, Justice Abdul Nazeer and Justice MR Shah upheld the death penalty imposed on Khushwinder Singh, convicted of murdering six persons belonging to a family, out of which two were minors – …

Was He A Juvenile At The Time Of Occurrence? SC Asks 18 Years After Affirming Death Sentence [Read Order]
6 years, 1 month ago

Was He A Juvenile At The Time Of Occurrence? SC Asks 18 Years After Affirming Death Sentence [Read Order]

Live Law  

The Supreme Court has directed the Principal District and Sessions Judge, Pune, to decide the juvenility of a murder convict at the time of commission of offence, whose death sentence was upheld by the Apex court in the year 2000. Narayan Chetanram Chaudhary and Jitendra @ Jitu Nayansingh Gehlot were sentenced to death by the Trial court finding them guilty …

Rape And Murder Of 8Yr Old Girl: SC Commutes Death Sentence To 25 Yrs Imprisonment Without Remission
6 years, 2 months ago

Rape And Murder Of 8Yr Old Girl: SC Commutes Death Sentence To 25 Yrs Imprisonment Without Remission

Live Law  

The Supreme Court on Friday commuted to life imprisonment the death sentence, as confirmed by the Madhya Pradesh High Court, of a convicted for the rape and murder of an eight-year old girl. "By applying the 'last seen' theory to the facts of the case and further considering the forensic and medical evidence on record, trial court has rightly recorded …

Kerala HC Commutes Death Penalty Awarded To Man Accused Of Rape & Murder Of 15-Yr-Old Girl [Read Judgment]
6 years, 2 months ago

Kerala HC Commutes Death Penalty Awarded To Man Accused Of Rape & Murder Of 15-Yr-Old Girl [Read Judgment]

Live Law  

The Kerala High Court has commuted death sentence awarded to a man accused of rape and murder of a 15-year-old girl. The prosecution case was that the accused, Rajesh Kumar, trespassed into the girl's house with an intention to commit rape and theft, committed murder by throttling her and thereafter tied a towel tightly around her neck to ensure her …

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]
6 years, 3 months ago

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]

Live Law  

“Time and again, this Court has categorically held that life imprisonment is the rule and death penalty is the exception and even when the crime is heinous or brutal, it may not still fall under the category of rarest of rare.”The Supreme Court, reiterating the principle that life imprisonment is the rule and death penalty is the exception, has observed …

It Is Not Appropriate To Award ‘Death Sentence’ In Every Case, Madhya Pradesh HC Again Commutes Death Penalty Awarded U/s 376 AB IPC [Read Judgment]
6 years, 4 months ago

It Is Not Appropriate To Award ‘Death Sentence’ In Every Case, Madhya Pradesh HC Again Commutes Death Penalty Awarded U/s 376 AB IPC [Read Judgment]

Live Law  

“In our considered opinion in the instant case the alleged offence is not committed in barbaric and brutal manner, hence it does not fall within “rarest of rare” case to award death sentence.”The Madhya Pradesh High Court yet again commuted a death sentence awarded under newly-introduced Section 376AB IPC to a man accused of raping a three-year-old girl.This is the …

SC Stays Execution Of Death Penalty In 11-Yr-Old Rape & Murder Case [Read Order]
6 years, 5 months ago

SC Stays Execution Of Death Penalty In 11-Yr-Old Rape & Murder Case [Read Order]

Live Law  

‘If in such barbaric act, Court takes lenient view, certainly this may prick conscious of the society besides pricking conscious of this Court.’, the HC had said in this case.The Supreme Court on Monday stayed the execution of man convicted for rape and murder of an 11-year-old girl.The Patna High Court had confirmed the death penalty imposed on Munna Pandey …

SC Stays Execution Of Death Penalty In 11-Yr-Old Rape & Murder Case [Read Order]
6 years, 5 months ago

SC Stays Execution Of Death Penalty In 11-Yr-Old Rape & Murder Case [Read Order]

Live Law  

‘If in such barbaric act, Court takes lenient view, certainly this may prick conscious of the society besides pricking conscious of this Court.’, the HC had said in this case.The Supreme Court on Monday stayed the execution of man convicted for rape and murder of an 11-year-old girl.The Patna High Court had confirmed the death penalty imposed on Munna Pandey …

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]
6 years, 5 months ago

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]

Live Law  

‘It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.’The Patna High Court has converted sentence of death penalty imposed on a man accused of rape and murder of a 3-year-old to life imprisonment taking into account of his ‘early’ age and lack of criminal …

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]
6 years, 5 months ago

Rape & Murder Of 3-Yr-Old Girl: Patna HC Commutes Death Penalty Taking Into Account ‘Early Age’ Of Accused And Lack Of Criminal Antecedents [Read Judgment]

Live Law  

‘It is true that in the present case, there were aggravating circumstances, but the early age of the appellant is also required to be noticed.’The Patna High Court has converted sentence of death penalty imposed on a man accused of rape and murder of a 3-year-old to life imprisonment taking into account of his ‘early’ age and lack of criminal …

SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder Case [Read Order]
6 years, 6 months ago

SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder Case [Read Order]

Live Law  

“The sex maniacs are prowling in the society like wild wolves to quench their sinful bodily lust. In this evil pursuit they even do not spare infants and children,” the high court had said in the judgmentThe Supreme Court has stayed execution of death penalty imposed on a man accused of rape and murder of a 7-year-old girl.Calling for the …

SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder Case [Read Order]
6 years, 6 months ago

SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder Case [Read Order]

Live Law  

“The sex maniacs are prowling in the society like wild wolves to quench their sinful bodily lust. In this evil pursuit they even do not spare infants and children,” the high court had said in the judgmentThe Supreme Court has stayed execution of death penalty imposed on a man accused of rape and murder of a 7-year-old girl.Calling for the …

The Extreme Punishment May Convey Message To These Predators That It Is Not A Soft State: MP HC Upholds Death Penalty To Youth Accused Of 4-Yr-Old’s Rape-Murder [Read Judgment]
6 years, 7 months ago

The Extreme Punishment May Convey Message To These Predators That It Is Not A Soft State: MP HC Upholds Death Penalty To Youth Accused Of 4-Yr-Old’s Rape-Murder [Read Judgment]

Live Law  

‘This Court has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such person on the basis of humanity.’Affirming the death sentence awarded to a youth accused of raping a four-year-old girl, the Madhya Pradesh High Court observed that it has the social responsibility to make the citizen of this …

Madras HC Upholds Death Penalty to Techie Youth For Rape & Murder of Seven Year Old [Read Judgment]
6 years, 8 months ago

Madras HC Upholds Death Penalty to Techie Youth For Rape & Murder of Seven Year Old [Read Judgment]

Live Law  

“If the punishment of an innocent person is a mistake of justice administration, failure to punish a criminal indicates that the absence of justice, which is a worse mistake.”, Justice Dr.S.Vimala observed quoting Immanuel Kant The Madras High Court has upheld death penalty awarded to Daswanth, a 23-year-old techie, for rape and murder of a seven-year-old girl in his neighborhood. …

Madras HC Upholds Death Penalty to Techie Youth For Rape & Murder of Seven Year Old [Read Judgment]
6 years, 8 months ago

Madras HC Upholds Death Penalty to Techie Youth For Rape & Murder of Seven Year Old [Read Judgment]

Live Law  

“If the punishment of an innocent person is a mistake of justice administration, failure to punish a criminal indicates that the absence of justice, which is a worse mistake.”, Justice Dr.S.Vimala observed quoting Immanuel Kant The Madras High Court has upheld death penalty awarded to Daswanth, a 23-year-old techie, for rape and murder of a seven-year-old girl in his neighborhood. …

Supreme Court stays death sentence of convict in 11-year-old's rape and murder case in Madhya Pradesh
6 years, 9 months ago

Supreme Court stays death sentence of convict in 11-year-old's rape and murder case in Madhya Pradesh

Firstpost  

According to the police, both of them had raped the minor girl, who was residing in their village along with her family, during the intervening night of 14-15 April last year and then killed her. New Delhi: The Supreme Court has stayed the execution of a death row convict who was awarded capital punishment for raping and murdering an 11-year-old …

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]
6 years, 10 months ago

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]

Live Law  

The only punishment which the accused persons deserve for having committed the reprehensible and gruesome murder of innocent child to satisfy their lust is nothing but death, the bench said.While confirming death sentence to two men accused of rape and murder of an 11-year-old girl, the Madhya Pradesh High Court observed that it is immensely appalled by the alarming increase …

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]
6 years, 10 months ago

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]

Live Law  

The only punishment which the accused persons deserve for having committed the reprehensible and gruesome murder of innocent child to satisfy their lust is nothing but death, the bench said.While confirming death sentence to two men accused of rape and murder of an 11-year-old girl, the Madhya Pradesh High Court observed that it is immensely appalled by the alarming increase …

SC Stays Execution Of Death Sentence Of A Man Accused Of Rape And Murder Of 3-Year-Old Girl [Read Order]
6 years, 11 months ago

SC Stays Execution Of Death Sentence Of A Man Accused Of Rape And Murder Of 3-Year-Old Girl [Read Order]

Live Law  

The gullibility and vulnerability of a 3-year-old girl, who could not have nurtured any idea about the maladroitly designed biological desires of this nature, accompanied the accused who extinguished her life spark, the high court had observed.The Supreme Court has stayed the execution of the death sentence of a man accused of rape and murder of a 3-year-old girl.The Chhattisgarh …

SC Stays Execution Of Death Sentence Of A Man Accused Of Rape And Murder Of 3-Year-Old Girl [Read Order]
6 years, 11 months ago

SC Stays Execution Of Death Sentence Of A Man Accused Of Rape And Murder Of 3-Year-Old Girl [Read Order]

Live Law  

The gullibility and vulnerability of a 3-year-old girl, who could not have nurtured any idea about the maladroitly designed biological desires of this nature, accompanied the accused who extinguished her life spark, the high court had observed.The Supreme Court has stayed the execution of the death sentence of a man accused of rape and murder of a 3-year-old girl.The Chhattisgarh …

Split Verdict On Sentence: Orissa HC ‘Finally’ Decides Not To Hang A Youth Accused Of Murdering 16-Year-Old Girl [Read Judgment]
7 years, 3 months ago

Split Verdict On Sentence: Orissa HC ‘Finally’ Decides Not To Hang A Youth Accused Of Murdering 16-Year-Old Girl [Read Judgment]

Live Law  

Brutality of the crime committed is not the sole criteria for judging the case to be within the category of “rarest of rare” cases; it has to be one of extreme brutality and exceptional depravity so as to avoid the criticism that the death penalty has been taken as the norm and not the exception, the court said.The Orissa High …

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

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

SC Commutes Death Penalty In 7-yr-Old Girl’s Rape & Murder Case [Read Judgment]
8 years, 6 months ago

SC Commutes Death Penalty In 7-yr-Old Girl’s Rape & Murder Case [Read Judgment]

Live Law  

He shall not be released from prison till he completes actual period of 25 years of imprisonment, the court held.The Supreme Court on Friday commuted the death sentence awarded by a trial court and confirmed by the High Court of Madhya Pradesh for a man accused of raping and murdering a 7-year-old girl, to life imprisonment with the further direction …

Former Judge Markandey Katju claims Supreme Court 'grievously erred' in Soumya case
8 years, 6 months ago

Former Judge Markandey Katju claims Supreme Court 'grievously erred' in Soumya case

Firstpost  

Former Supreme Court judge Markandey Katju said on Friday that the apex court had “grievously erred by law” in the Soumya rape and murder case in which the death sentence of the accused Govindacahamy was commuted. Thiruvananthapuram: Former Supreme Court judge Markandey Katju said on Friday that the apex court had “grievously erred by law” in the Soumya rape and …

Murder of wife and daughters: Bombay HC commutes death sentence to life imprisonment [Read Judgment]
8 years, 7 months ago

Murder of wife and daughters: Bombay HC commutes death sentence to life imprisonment [Read Judgment]

Live Law  

From overall conduct of the accused, it cannot be said that after causing the murder, he has acted in the manner to be termed as something uncommon, which render the sentence of life imprisonment inadequate and calls for death sentence, the Bench observed.The Bombay High Court, has commuted death penalty awarded by Trial Court to a man who was convicted …

Bombay HC commutes Death Sentence of 23 yr old Youth to Double Life in a Rape and Murder Case [Read Judgment]
9 years ago

Bombay HC commutes Death Sentence of 23 yr old Youth to Double Life in a Rape and Murder Case [Read Judgment]

Live Law  

The Bombay High Court in State of Maharashtra v Vitthal Tukaram Atugade has commuted the death sentence of a 23 year old youth, with sentence of ‘double life’ imprisonment,which has to run Consecutively. The Court held that even though the crime, committed by the accused was heinous in nature, considering the cumulative effect of the facts and circumstances and on …

Inmates are duty-bound to offer an explanation about death occurring in a house: Supreme Court [Read Judgment]
9 years ago

Inmates are duty-bound to offer an explanation about death occurring in a house: Supreme Court [Read Judgment]

Live Law  

The inmates of the house where the crime occurred, cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer, the Bench said.The Supreme Court, in Gajanan Dashrath Kharate vs State of …

Inmates are duty-bound to offer an explanation about death occurring in a house: Supreme Court [Read Judgment]
9 years ago

Inmates are duty-bound to offer an explanation about death occurring in a house: Supreme Court [Read Judgment]

Live Law  

The inmates of the house where the crime occurred, cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer, the Bench said.The Supreme Court, in Gajanan Dashrath Kharate vs State of …

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

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