Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code-Section 302 read with S.34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code-Section 302 read with S.34-Death sentence-Rarest of the rare case-Eleven accused charged and convicted and sentenced to death-High Court maintaining the conviction-Number of victims alone would not make the case "RAREST OF THE RARE"-Sentence of death commuted to sentence for imprisonment for life.Code Of Criminal Procedure-Section 354(3 )-Mandate of the section does not prove 'an eye for eye' approach.The complainant was sleeping in the night on the roof of his house. His two sons and his elder brother were sleeping in the shop house. On hearing bomb explosion the complainant woke up and went towards his shop house with some members of the family. Chowkidar raised alarm. They heard the accused shout that all the family members would be finished on that day. Complainant could identify two of the accused by their voice. On reaching near the shop house complainant saw smoke coming out of the shop house and four/five persons standing in the lane and shouting that nobody should be left alive and that all of them should be burnt to death. Instantly two bombs exploded and some gun shots were fired. Assailants ran away. P.W. 3 after breaking a window entered the shop house and found the brother and sons of the complainant was burnt to death.In all eleven accused faced the trial.Trial Court convicted all the accused for offences under Section 302/304 and section 436/34, Indian Penal Code. The four accused-appellants were sentenced to death and the remaining seven accused were sentenced to undergo imprisonment for life. No separate sentence was imposed for the offence under section 436/34, Indian Penal Code. The convicts filed two appeals in the High Court.The High Court acquitted the seven accused who were sentenced to imprisonment for life, giving them benefit of doubt and maintained the conviction of the rest of four who were sentenced to death. Hence this appeal. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1995 INSC 183 |
Petitioner | Sheikh Ishaque And Ors. |
Respondent | State Of Bihar |
SCR | [1995] 2 S.C.R. 692 |
Judgement Date | 1995-03-10 |
Case Number | 600-601 |
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