Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | mitigating and aggravating factors socio-economic compulsions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860:ss. 302 and 307 - Accused causing death of his wife and2 sons and attempting to cause death of his daughter -Sentenced to death by counts below u/s. 302 and lifeimprisonment u/s. 307 - Held: Apart from drawing a 'balancesheet' of mitigating and aggravating factors, socio-economiccompulsions such as poverty are also factors that are to beconsidered by courts while awarding a sentence -- In theinstant case, it has come in evidence that accused sufferedfrom economic and psychic compulsions - He had no priorcriminal record -- He had, in fact, intended to wipe out thewhole family including himself on account of abject poverty -- The possibility of reforming and rehabilitating him cannotbe ruled out - He is not likely to be menace or threat ordanger to society -- In the facts and circumstances, the casedoes not fall under the rarest of rare category so as to wan-anta punishment of death -- The 'individually inconclusive andcumulatively marginal facts and circumstances' tend towardsawarding lesser sentence of life imprisonment - Sentence u/s. 302 commuted to life imprisonment which would be till theend of his biological life - Sentence uls 307 reduced to 7years RI - In case the sentence of imprisonment for life isremitted or commuted to any specified period, the sentenceof imprisonment uls. 307 shall commence thereafter. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2013 INSC 601 |
Petitioner | Sunil Damodar Gaikwad |
Respondent | State Of Maharashtra |
SCR | [2013] 9 S.C.R. 295 |
Judgement Date | 2013-09-10 |
Case Number | 165-166 |
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