Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pena.I code. 1860: ss. 364A /34 395 and 412 - Prosecution under - Of appellants-accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Pena.I code. 1860: ss. 364Al34, 395 and 412 - Prosecution under - Of appellants-accused - Conviction by trial court based on the testimonies of witnesses, Tl Parade and recoveries from the accused - Two appellants-accused in view of their criminal antecedents sentenced to death and remaining appellants-accused sentenced to life imprisonment - High Court confirmed the conviction - However. death sentence as well as life sentence were reduced to 20 years RI - On appeal,hel/:/: Prosecution has duly proved its case against the appellants-accu$ed - Conviction and sentence justified. ss. 364A and 368 - Offence under - Nature of - Held: s. 368 puts the offence prescribed therein at par with s. 364A by raising a statutory presumption based on a legal fiction of the former being E a deemed offence under the latter. if evidence be there. Sentence/Sentencing: Life sentence - Life sentence means imprisonment of full life and not sentence for 14 years. F Code of Criminal Procedure, 1973: s. 401 - Notice under - Requirement of - Before enhancing the sentence - Held: Modification of life sentence to 20 years imprisonment does not require notice under s. 401 - Modification of life sentence to 20 years imprisonment is in fact reduction of G sentence and not enhancement as life sentence means sentence for full life. s. 464 - Effect of omission to frame, irregularity in the charge or misjoinder of the charges - Held: No sentence by a court of competent jurisdiction would be deemed invalid on the ground that no charge was framed or any irregularity in the charge or misjoinderof the charges, unless the court comes to the conclusion that a failureof justice had occasioned thereby. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 1012 |
Petitioner | Birbal Choudhary@ Mukhiya Jee |
Respondent | State Of Bihar |
SCR | [2017] 13 S.C.R. 48 |
Judgement Date | 2017-10-06 |
Case Number | 701 |
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