Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arms Act Death sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860:s.302 IPC and s.27 of the Arms Act - Murder of a child aged 1 year - Conviction - Death sentence awarded by courts below, keeping in view a large number of criminal cases pending against accused - Held: Prosecution, by evidence of eye witness and medical evidence and FSL report, has successfully proved the cause of death and use of firearm by accused - The findings of trial court as affirmed by High Court that offences under s. 302 IPC and s.27 of the Arms Act have been made out against accused are concurred with - However, Sentence of death is converted into one of imprisonment for 20 years without remission, over the period already undergone.SENTENCE/SENTENCING: Death sentence awarded by courts below - Based on criminal antecedents of accused - Held: Death was caused in retaliation to not meeting the demand of accused - It is not a rarest of rare case warranting capital punishment - Prior conviction will be a relevant factor, but in the instant case, accused has only been charge-sheeted and not convicted and,. therefore, it is not a relevant factor for applying the RR test so as of award capital punishment - However, it may be relevant factor for awarding a sentence - In the instant case, when there are more than two dozen cases against accused of which three relate to offence of murder and two to attempt to murder, it may have an impact on the sentencing policy, since the presence of accused could be a continuing threat to society and calls for longer period of incarceration - This is a fit case where 20 years of rigorous imprisonment, without remission, to the appellant, over the period which he has already undergone, would be an adequate sentence and will render substantial justice - Criminal law - Motive. EVIDENCE: Evidence of hostile witness - Held: Cannot be discarded as a whole and relevant parts thereof, which are admissible in law, can be used, either by prosecution or defence. CODE OF CRIMINAL PROCEDURE, 1973: s.235(2) - Hearing on question of sentence - Held: In awarding sentence, in appropriate cases, while hearing the accused u/s 235(2) Cr.P.C., courts can also call for a report from the Probation Officer and examine whether accused is likely to indulge in commission of any crime or there is any probability of accused being reformed and rehabilitated - Probation of Offenders Act, 1958. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 98 |
Petitioner | Birju |
Respondent | State Of M.p. |
SCR | [2014] 1 S.C.R. 1047 |
Judgement Date | 2014-02-14 |
Case Number | 1352-1353 |
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