Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Sentence/Sentencing: Accused no.1, 2 and 4 were convictedfor murder and rape and awarded death sentence while accused 3,5 and 6 were convicted for murder and awarded life imprisonment– Appeal by accused no.1, 2 and 4 challenging conviction whileState filed appeal for enhancement of sentence of life imprisonmenton accused 3, 5 and 6 – Two judge bench of this court dismissedappeals of accused no.1, 2 and 4 and allowed State’s appeal andpassed death sentence against accused 3, 5 and 6 – Review petitionsby accused, dismissed – Reopening of review petitions permitted inview of Constitution Bench decision in Mohd. Arif case– Held:Hearing of appeals had commenced even before service of noticewas effected on the accused – Accused no.3, 5 and 6 were notrepresented by counsel – The court appointed amicus curiae andhe was heard on the same day and judgment was reserved – Thus,accused no.3, 5 and 6 had no opportunity to be heard by the benchbefore the appeals filed by State for enhancement of sentence wasdecided – They were deprived of an opportunity of engaging counseland of urging such submissions as they may have been advised tourge in defence to the appeals filed by the State for enhancement –Judgment awarding death sentence to accused no.3, 5 and 6 mustbe recalled – Similarly judgment as regards accused no.1, 2 and 4is also recalled as the appeals are interlinked and disposed of bycommon judgment and in view of fact that evidence was commonand offence related to the same incident – Thus, judgment is recalledin its entirety in relation to all the six accused – Penal Code, 1860 –s.302. |
Judge | N/A |
Neutral Citation | 2018 INSC 1023 |
Petitioner | Ambadas Laxman Shinde And Ors. |
Respondent | The State Of Maharashtra |
SCR | [2018] 13 S.C.R. 1188 |
Judgement Date | 2018-10-31 |
Case Number | 18-19 |
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