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Documents citing Sandesh @ Sainath Kailash Abhang vs State Of Maharashtra on 13 December, 2012

Mithlesh Kumar Kushwaha vs State on 21 September, 2015

2014 (8) SCALE 113, Amar Singh Yadav v. State of U.P. (30 years sentence) and; (2013) 2 SCC 479, Sandesh @ Sainath Kailash Abhang v. State of Maharashtra (consecutive running of sentences). It is submitted that if this court is not inclined to impose the death penalty, certainly life sentence simplicitor is not an adequate sentence and the court must consider this other option. We shall examine this submission hereafter.‖
Delhi High Court Cites 134 - Cited by 0 - G Mittal - Full Document

Vishal Yadav vs State Govt. Of Up on 6 February, 2015

In this regard, reference is made to the pronouncements in (2012) 4 SCC 257, Ramnaresh v. State of Chhattisgarh (21 years sentence); (2002) 2 SCC 35, Prakash Dhawal Khairnar (Patil) v. State of Maharashtra (20 years sentence); 2014 (8) SCALE 113, Amar Singh Yadav v. State of U.P. (30 years sentence) and; (2013) 2 SCC 479, Sandesh @ Sainath Kailash Abhang v. State of Maharashtra (consecutive running of sentences). It is submitted that if this court is not inclined to impose the death penalty, certainly life sentence simplicitor is not an adequate sentence and the court must consider this other option. We shall examine this submission hereafter.
Delhi High Court Cites 370 - Cited by 2 - G Mittal - Full Document

Inder Saini vs State Of Haryana on 28 October, 2013

Murder Ref. No. 04 of 2013 & CRA-D-599-DB of 2013 11 appellant in the commission of this rape and murder of a minor girl, a very heinous offence by all means. The Courts cannot lost sight of the menacing proportions which such crimes had attained in the modern set up in the society when every one in the society is feeling pinch of such crime against the fair sex. The Court in its endeavour to do justice must make conscience approach not to be swayed by public feelings and fervor though societal pulse is certainly an indicator for the Courts to act a tool of social justice but Courts cannot exclusively go by such a compass. Sh. Poonia, learned Addl. AG has made a strong prayer for maintaining the sentence of death so imposed by the trial court but having regard to the arguments of Shri Baldev Singh and going through the well laid ratios which by now have become guiding star in the award of death sentence and categorization of rarest of rare cases as has been laid in Bachan Singh versus State of Punjab, AIR 1980 Supreme Court 898; Machhi Singh versus State of Punjab, AIR 1983 Supreme Court 957 and the ratios cited on behalf of the appellant in Haresh Mohandas Rajput versus State of Maharashtra, 2011(4) R.C.R. (Criminal) 257; Sandesh alias Sainath Kailash Abhang versus State of Maharashtra, 2013(1) R.C.R. (Criminal) 678 and Gudda @ Swarikendra versus State of Madhya Pradesh, 2013 STPL (Web) 803 SC. Though we do feel the heinousness of this crime and its impact on society but with a heavy heart we find that though the judgment of the conviction is an appreciable interpretation of the evidence and the law but the instant case certainly falls short of rarest of the rare cases. Thus, in the ends of justice we hold and modify the death sentence so awarded by the Tiwana Dalbir Singh 2014.02.20 17:23 I attest to the accuracy and integrity of this document. High Court, Chandigarh Murder Ref. No. 04 of 2013 & CRA-D-599-DB of 2013 12 trial court and commute to one of life imprisonment. However, to sub-serve the ends of justice we feel it expedient to order the same with fine amounting to Rs two lacs and in default of payment of fine, the appellant- convict shall further undergo rigorous imprisonment for two years and thereby modify the sentence accordingly under section 302 IPC. Exercising powers under section 357 Cr.P.C. we feel it essential to further order that in case of recovery of this fine, the amount shall be paid to the parents of the unfortunate child in equal shares. Though we are aware that such minicual compensation would be too small for eradicating miseries of the unfortunate parents but on our part we are trying to assuage the feelings of wrong done to them.
Punjab-Haryana High Court Cites 14 - Cited by 0 - Full Document

State vs . Ravi Kapoor, Amit Shukla And Baljeet on 22 August, 2016

In  Sandesh Alias Sainath Kailash Abhang Vs.   State of Maharashtra, relied upon by Mr. Deepak Sharma,  learned   counsel   for   convict   Ravi   Kapoor,   it   was   held   that  Trial Court as well as High Court has not considered, in its  correct perspective, the state of mind of the accused at the  relevant time, his capacity to realize the consequences of the  crime he was committing and the lack of intent on his part to  commit the murder.
Delhi District Court Cites 56 - Cited by 0 - Full Document
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