Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.235(2) - Hearing on question of sentence - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.235(2) - Hearing on question of sentence - Plea that no separate date for hearing on sentence was given by trial court as such for violation of s.235(2), sentence of death cannot be affirmed - Held: There is no mandate in s.235(2) to fix separate date for hearing on sentence - It depends on the facts and circumstances as to whether a separate date is required for hearing on sentence or parties feel convenient to argue on sentence on the same day - As such, merely for the reason that no separate date is given for hearing on the sentence, the review petition cannot be allowed. Sentence/Sentencing: Death sentence - Petitioner having criminal record - Committed murder and rape - Trial court convicted him ulss.376, 302 and 392 and passed death sentence - High Court upheld conviction and sentence - Appeal before Supreme Court dismissed - Review petition - Court declined to interfere with conviction and sentence - Petition u/s.235(2) for open hearing - Submission confined only on the point of sentence - Prayer for commutation of sentence - Held: In view of criminal history of the petitioner, the age of 30 years of the petitioner (at the time of incident) cannot be a ground to show any kind of leniency on sentence - Petitioner committed crimes not only before the incident, but also within two days, subsequent to the incident, i.e. another robbery in connection with which he was apprehended by the public and handed over to the police - Taken together, the petitioner is a menace and threat to the society - The aggravating circumstances are grave and far more serious as against the mitigating circumstances pointed out on behalf of the petitioner - Jn view of facts and circumstances of the case, gravity of the offence, and the manner in which the crime is committed and the antecedents of petitioner who-is an ex-police official, no sufficient reason made out to modify the order of affirmation of death sentence. Witness: Child witness - Held: If the statement of the witness, aged seven years, has been found natural, trustworthy and without any chance of being tutored, it cannot be taken lightly as mitigating c ircums lances. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 1204 |
Petitioner | B.a. Umesh |
Respondent | Registrar General, High Court Of Karnataka |
SCR | [2016] 5 S.C.R. 438 |
Judgement Date | 2016-10-03 |
Case Number | 285-286 |
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