Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code Rarest of the rare cases |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860 - Section 302 read with Section 201 - Appellant murdering his pregnant sister-in-law aged 30 years - When faced with resistance while attempting to rape her, severed her head from the body - Thereafter hanging her hand being tied on a branch with hair and putting the body on the trunk of a tree - Appellant also murdering his niece aged 8 years being witness to the gruesome murder of her mother - Mother of the accused giving evidence about the bad character and the reputation of the accused in the locality - Award of death sentence by the Sessions Judge and confirmed by the Division Bench of the High Court - Appeal against - Held, the facts established the depravity and criminality of the accused in no uncertain terms - Murder was cold-blooded and brutal without any provocation - Accused being 22 years of age cannot be said to be a mitigating factor - Rarest of the rare cases in which there are no extenuating or mitigating circumstances - Conviction and sentence upheld - Code of Criminal Procedure, 1973 - Section 354(3). Code of Criminal Procedure, 1973 - Section 235(2) - Requirement of hearing of an accused on the question of sentence - Compliance of - Both parties heard and none wanted to give any documentary or oral evidence with regard to sentence - Defence lawyer merely pleading two facts to be considered in the matter for award of punishment viz. the accused being 22 years of age and no other past criminal record, both of which were duly considered by the Sessions Judge - Held, no infirmity in complying with Section 235(2). |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 1999 INSC 236 |
Petitioner | Jai Kumar |
Respondent | State Of M.p. |
SCR | [1999] 3 S.C.R. 426 |
Judgement Date | 1999-05-11 |
Case Number | 548 |
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