Search Results Page

Search Results

1 - 7 of 7 (1.53 seconds)

Jodha Khoda Rabari And Etc. Etc. vs State Of Gujarat And Etc. on 6 March, 1992

In Iman Ali v. State of Assam, AIR 1968, SC 1464 : 1969 Cri LJ 23, dacoity with murder was committed on the night between 11th & 12th May, 1962. The trial court convicted the accused and sentenced them to imprisonment for life. The accused preferred Criminal Appeal No. 115 of 1964 to the Assam & Nagaland High Court. The High Court while admitting the appeal of Iman Ali, the appellant, suo motu issued a notice for enhancement of sentence. Similar notice was also issued to the other accused. It appears that the State had not preferred any enhancement appeal. The High Court by its judgment dated August 30, 1967, enhanced the sentence from imprisonment for life to death sentence. When the accused approached the Supreme Court, their appeal was dismissed on March 2, 1968. The facts of the case would show that in respect of the dacoity with murder that was committed on 11/12-5-1962, in the sessions Court the accused were sentenced to imprisonment for life, by the judgment, which must have been rendered before the Appeal No. 115 of 1964 came to be filed. The High Court by its judgment dated August 30, 1967, enhanced the sentence. Thus, the death penalty was imposed upon the accused after more than five years and three months computed from the date of the offence. Though we do not find from the report, the exact date of the judgment of the sessions Court, it is clear that that judgment must have been rendered sometime in 1964 or even earlier for, the accused preferred criminal appeal, which was number as Criminal Appeal No. 115 of 1964. Considering the matter from that angle, it was about three years, or perhaps more, after the imposition of life term by the Sessions Court that the High Court, enhanced the sentenced of imprisonment for life, to one of death, and that too, when the State had not preferred any enhancement appeal. That judgment of the High Court came to be confirmed by the Supreme Court.
Gujarat High Court Cites 68 - Cited by 2 - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

149. This view appears to be in accord with the decision of this Court in Iman All v. State of Assam . In that case, there was a clear finding by the Court of Session which had been upheld by the High Court, that each of the two appellants therein, committed a cold-blooded murder by shooting two inmates of the house simply with the object of facilitating commission of dacoity by them. Those persons were shot and killed even though they had not tried to put up any resistance. It was held by this Court (speaking through Bhargava, I.) that in these circumstances where the murders were committed in cold-blood with the sole object of committing dacoity, the Sessions Judge had not exercised his discretion judicially in not imposing the death sentence, and the High Court was justified in enhancing the sentence of the appellants from life imprisonment to death.
Supreme Court of India Cites 84 - Cited by 395 - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

152. This view appears to be in accord with the decision of this Court in lman Ali & Anr. v. State of Assam. In that case, there was a clear finding by the Court of Session which had been upheld by the High Court, that each of the two appellants therein, committed a cold-blooded murder by shooting two inmates of the house simply with the object of facilitating commission of dacoity by them. Those persons were shot and killed even though they had not tried to put up any resistence. It was held by this Court (speaking through Bhargava, J.) that in these circumstances where the murders were committed in cold-blood with the sole object of committing dacoity, the Sessions Judge had not exercised his discretion judicially in not imposing the death sentence, and the High Court was justified in enhancing the sentence of the appellants from life imprisonment to death.
Supreme Court of India Cites 111 - Cited by 233 - R S Sarkaria - Full Document

Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982

This view appears to be in accord with the decision of this Court in Iman Ali & Anr. v. State of Assam.(3) In that case, there was a clear finding by the Court of Session which had been upheld by the High Court, that each of the two appellants therein, committed a cold-blooded murder by shooting two inmates of the house simply with the object of facilitating commission of dacoity by them. Those persons were shot and killed even though they had not tried to put up any resistence. It was held by this Court (speaking through Bhargava, J.) that in these circumstances where the murders were committed in cold-blood with the sole object of committing dacoity, the Sessions Judge had not exercised his discretion judicially in not imposing the death sentence, and the High Court was justified in enhancing the sentence of the appellants from life imprisonment to death.
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document

Md. Nizam Ali @ Nizamaddin vs State Of Assam on 18 September, 2024

11. Mr. Gogoi, learned counsel for the appellant, further submitted that from the evidences of PWs as well as the evidence of PW-8, it is seen that all the prosecution witness have improved their statements, previously made before the I.O., while adducing their evidence before the Court and such kind of witnesses cannot be readily believed and relied upon. In that context, Mr. Gogoi also relied on a decision of this Court passed in Crl. Appeal No. 182/1999, decided on 09.05.2006, and reported vide 2006 (4) GLT 278 (Iman Ali & Ors. Vs. State of Assam).
Gauhati High Court Cites 23 - Cited by 0 - Full Document
1