Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 950-Article 137: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950-Article 137: Review application in Criminal proceedings-Scope of-Held, it has to be proved that there is miscarriage of justice-Though miscarriage of justice is of wider amplitude, scope of interference under review is limited Review proceeding cannot be equated with original hearing-Finality of the Judgment of the Court cannot be reconsidered except where glaring omission or patent error has crept in earlier Reference of the case to larger Bench would be creation of a new forum-Supreme Court Rules, ! 966-Order XL Rules I and 2. Review of death sentence-Scope of-Scope for Review of death sentence awarded is not there merely because one of the Judges in the Bench held that the accused should be acquitted or that life sentence was appropriate-Sentencing. The Review Petitions seek review of the Judgment of this Court wherein death penalty was imposed on the accused. The petitions were restricted to the question of sentence. Petitioners contended that death sentence should not be awarded in a case where one of the three Judges recorded a finding of acquittal or held that life sentence was appropriate; that in case of acquittal by one Judge, the case would not be covered in the category "rarest of rare"; that as a matter of practice death sentence is not imposed in case of acquittal by trial Court or High Court; and that since one Judge felt that either life sentence would be imposed or the accused should be acquitted, the matter should be referred to larger Bench for review. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 544 |
Petitioner | Devender Pal Singh |
Respondent | State N.c.t. Of Delhi And Anr. |
SCR | [2002] Supp. (5) S.C.R. 332 |
Judgement Date | 2002-12-17 |
Case Number | 497 |
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