The Supreme Court has noted that intercaste marriages were in fact in national interest as they would have the effect of removing caste barriers leading to social integration. 29. One of the sentences handed down to the appellant was life imprisonment. Furthermore in Sahib Hussain, the Supreme Court has upheld the order of the High Court curtailing remission.

xxx The quantum of compensation will, however, depend upon the facts and circumstances of each case. Thus as back as in the year 1977, the Supreme Court had emphasized that the sentence proceedings should be personalized from a reformative angle as well as the appropriateness of conditional sentence as part of sentencing prescriptions. The court was also of the view that the question as to whether after the Supreme Court commutes the death sentence to life imprisonment, when the executive exercises its remission power by the executive had wide ramifications and therefore placed this question as well before the Constitution Bench. (iii) (2001) 4 SCC 458, Subhash Chandra v. Krishan Lal: Rest of life without remission for gunning down entire family due to enmity. During his admission of about 3½ months from 25 February, 2009 to 4 June, 2009, as per the discharge summary produced by the Batra Hospital, Vishal Yadav was administered innocuous medications of the nature of Metrogyl, Spasmindon, Aristogyme for infections, cramps (spasms), enzyme respectively, which are given for minor ailments.

518. Mr. Chaman Sharma, Adv. CH-01-W-6535 where a Thursday night party was going on. It must be remembered that fair trial is the right of an accused. Lalit Kumar Yadav Alias Kuri v. State Of Uttar Pradesh. I need not deny that punctuation may have its uses in some cases, but it cannot certainly be regarded as a controlling element and cannot be allowed to control the plain meaning of a text.”. 877. 56. 260. 5,000/- for the offence under Section 376(f) and R.I for one year and fine of Rs. Mr. Mahajan has also drawn our attention to the pronouncement of the Supreme Court on sentence in the case reported at (2013) 5 SCC 546, Shankar Kisanrao Khade v. State Of Maharashtra.. Sections 432 and 433 of the Cr.P.C as well as Section 55 of the Indian Penal Code are relevant in this behalf. Undoubtedly under Section 235(2) of Cr.P.C, the accused is entitled to an opportunity to adduce evidence and if need be the case is to be adjourned to another date. 13150/-, Rs. The State has also for the allegedly incurred expenditure of Rs. FIND A PLAYER. also, the court reiterated the position that imprisonment for life is to be treated as rigorous imprisonment for life. Thereafter the Supreme Court noted the incorporation of Section 354(3) of the Cr.P.C into the statute which makes it obligatory in cases of conviction for offences punishable with death or with imprisonment for life to assign reasons in support of the sentence awarded and, in case death penalty is awarded, “special reasons” for such sentence. 62 lacs).

Till the new Code recognised statutorily that punishment required considerations beyond the nature of the crime and circumstances surrounding the crime and provided a second stage for bringing in such additional materials, the Indian Courts had, by and large, assigned an obsolescent backseat to the sophisticated judgment on sentencing. Thereafter the court construed Section 31 of the Cr.P.C as follows: “27. In view of the fact that life imprisonment means imprisonment for full and complete span of life, the question of consecutive sentences in case of conviction for several offences at one trial does not arise. Several pronouncements would show that in cases where compensation has been enhanced by the appellate court or the revisional court, notional sentences have been imposed. Even otherwise, the above principles, as enunciated in Swamy Shraddananda [(2008) 13 SCC 767: (2009) 3 SCC (Cri) 113] are applicable only when death sentence is commuted to life imprisonment and not in all cases where the Court imposes sentence for life. The court ruled that revenge being the motive for the murder, rendered it insufficient to bring it within the “rarest of rare” case. It was therefore, held that the case did not fall in the category of rarest of rare cases. The guard's presence, thus reduced to mere token, is certainly of no significance and would not have interdicted the freedoms enjoyed by the defendants in any manner during the visits or the admission(s). Many a times, while determining the sentence, the courts take it for granted, looking into the facts of a particular case, that the accused would be a menace to the society and there is no possibility of reformation and rehabilitation, while it is the duty of the court to ascertain those factors, and the State is obliged to furnish materials for and against the possibility of reformation and rehabilitation of the accused. 4. 66. 1168/2012 came to be filed in Crl. : Ramnaresh).

This issue has been deliberated upon by the Supreme Court in Birju wherein guidance on the manner in which the court may obtain additional material relevant for sentencing is given. 342. Mr. Rajesh Mahajan has pressed that there are several precedents wherein, on a consideration of the relevant factors, the court held that the possibility of reformation and rehabilitation is not ruled out and therefore, death penalty was not imposed. [25] The family strongly resisted her being called as a witness. (f) (2012) 4 SCC 257, Ramnaresh v. State of Chhattisgarh: In this case, the appellant (with his friends) had committed gang rape of his sister-in-law and murdered her. Twenty five years later, in the judgment reported at (2012) 8 SCC 537, State of U.P v. Sanjay Kumar, the Supreme Court has reiterated the need for discretion in sentencing, stating thus: “21. Can a compensation order be permitted to impact the severity of the sentence imposed? Please see Santa Singh v. State of Punjab [AIR 1956 SC 256], Malkiat Singh v. State of Punjab [(1991) 4 SCC 341: 1991 SCC (Cri) 976], Allauddin Mian v. State of Bihar [(1989) 3 SCC 5: 1989 SCC (Cri) 490: AIR 1989 SC 1456], Muniappan v. State of T.N [(1981) 3 SCC 11: 1981 SCC (Cri) 617], Jumman Khan v. State of U.P [(1991) 1 SCC 752: 1991 SCC (Cri) 283] and Anshad v. State of Karnataka [(1994) 4 SCC 381: 1994 SCC (Cri) 1204] on this.

For instance, extent of reliance on circumstantial evidence or child witness plays an important role in the sentencing analysis. In Swamy Shraddananda (2) v. State of Karnataka [(2008) 13 SCC 767: (2008) 10 Scale 669] (SCC p. 790, para 51), the Court notes that the awarding of sentence of death “depends a good deal on the personal predilection of the Judges constituting the Bench”. The provisions of Sections 357(3) and 431 CrPC, when read with Section 64 IPC, empower the court, while making an order for payment of compensation, to also include a default sentence in case of non-payment of the same. 251. If the court finds, but not otherwise, that the offence is of an exceptionally depraved and heinous character and constitutes, on account of its design and the manner of its execution, a source of grave danger to the society at large, the court may impose the death sentence.”, 44. If applied, there is a large possibility of it being misused. (a) Mr. Vishal Yadav was diagnosed to have Tubercular pleuropericarditis with Cervical Lymphadenopathy prior to 31 Aug 2004 and started on anti tubercular treatment with effect from Jun 2004. In response to the list of queries served upon the convict, Vikas Yadav disclosed that he is a qualified Engineer i.e B.E (Industrial Production) apart from having a MBA Degree. (para 15).

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