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.