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Documents citing Ediga Anamma vs State Of Andhra Pradesh on 11 February, 1974

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

The learned author has taken 45 reported decisions given after Ediga Anamma's case and shown that it is not possible to discern any coherent pattern in these decisions and they reveal con tradictions and inconsistencies in the matter of imposition of death penalty. This is how the learned author has summed up his conclusion after an examination of these judicial decisions:
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

303. Professor Blackshield has also in his article on "Capital Punishment in India" commented on the arbitrary and capricious nature of imposition of death penalty and demonstrated forcibly and almost conclusively, that arbitrariness and uneven incidence are inherent and inevitable in a system of capital punishment. He has taken the decision of this Court in Ediga Anamma v. State of Andhra Pradesh (supra) as the dividing line and examined the judicial decisions given by this Court subsequent to the decision in Ediga Anamma's case, where this Court had to choose between life and death under Section 302 of the Indian Penal Code.
Supreme Court of India Cites 111 - Cited by 233 - R S Sarkaria - Full Document

State Of Gujarat vs Sanjay Dangal Badgujar on 19 March, 2004

"29. This Court in Ediga Anamma v. State of A.P. has observed: (SCC pp 453-54, para 26) "26. Let us crystallize the positive indicators against death sentence under Indian law currently. Where the murderer is too young or too old, the clemency of penal justice helps him. Where the offender suffers from socio-economic, psychic or penal compulsions insufficient to attract a legal exception or to downgrade the crime into a lesser one, judicial commutation is permissible. Other general social pressures, warranting judicial notice, with an extenuating impact may, in special cases, induce the lesser penalty. Extraordinary features in the judicial process, such as that the death sentence has hung over the head of the culprit excruciatingly long, may persuade the court to be compassionate. Likewise, if others involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under Section 302, read with Section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity pushed the criminal into the crime. On the other hand, the weapons used and the manner of their use, the horrendous features of the crime and hapless, helpless state of the victim, and the like, steel the heart of the law for a sterner sentence. We cannot obviously feed into a judicial computer all such situations since they are astrological imponderables in an imperfect and undulating society. A legal policy on life or death cannot be left for ad hoc mood or individual predilection and so we have sought to objectify to the extent possible, abandoning retributive ruthlessness, amending the deterrent creed and accenting the trend against the extreme and irrevocable penalty of putting out life."
Gujarat High Court Cites 46 - Cited by 1 - D K Trivedi - Full Document

Bachan Singh, Sher Singh And Anr. And ... vs State Of Punjab And Ors. on 16 August, 1982

The learned author has taken 45 reported decisions given after Ediga Anamma's case, and 'shown that it is not possible to discern any coherent pattern in these decisions and they reveal contradictions and inconsistencies in the matter of imposition of death penalty. This is how the learned author has summed up his conclusion after an examinations of these judicial decisions:
Supreme Court of India Cites 51 - Cited by 277 - P N Bhagwati - Full Document
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