Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | inordinate3 delay by state in forwarding mercy petition Sentencing – Commutation of death sentence to life imprisonment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Sentence/Sentencing – Commutation of death sentence to life imprisonment – Petitioner was convicted and sentenced to death for the murder of his wife and five children by both Trial Court and High Court – Petitioner’s appeal dismissed by Supreme Court and the death sentence was confirmed vide order dated 18.09.2009 –Petitioner filed mercy petition addressed to the President of India through the jail authorities on 13.10.2009 – Petition forwarded by the authorities on 15.10.2013 – President of India rejected the petition on 16.07.2014 – Writ petition filed by the petitioner challenging the rejection of his mercy petition – Review Petition also filed seeking review of the judgment of Supreme Court dated 18.09.2009 – Held: Review Petition not entertained on the merits of the case – Three courts have come to concurrent finding of fact that it was the petitioner who murdered his wife and five children –No reason to take a view different from the one taken earlier –However, in the present case there was an inordinate and un-explained delay of more than 4 years on the part of the State in forwarding the mercy petition leading to delay of almost 5 years in deciding the mercy petition – State also did not file any counter affidavit in the Writ Petition even though notice was issued 4 years back on 18.11.2014 and service was effected within a month of issuance of notice – Petitioner has been behind bars for almost about 14 years – Death sentence is the exception and has to be awarded in the rarest of rare cases – Keeping in view all the circumstances of the case, regardless of the brutal nature of crime,the present is not a fit case where death sentence should be executed– Death sentence commuted to life imprisonment – However, keeping in view the nature of crime and the fact that 6 innocent lives were lost, life imprisonment in this case shall mean the entire remaining life of the petitioner and he shall not be released till his death. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 246 |
Petitioner | Jagdish |
Respondent | State Of Madhya Pradesh |
SCR | [2019] 4 S.C.R. 815 |
Judgement Date | 2019-02-21 |
Case Number | 591 |
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