Bail Application No.40788 of 2022 titled as Pappu vs. State of U.P. respectively. The accused/ applicant is languishing in jail since 22.05.2022 who has no previous criminal history.
We may also observe that the theory of ‘residual doubt’ was
previously suggested before us in the case of Pappu (supra) but, in that
case, it was not considered necessary to dilate much on this aspect
because a strong case for commuting death sentence into that of
imprisonment for life was nevertheless made out with the mitigating
factors of probability of reformation and rehabilitation of the convict and
his satisfactory jail conduct. However, we had indicated, with reference to
19 Vide paragraphs 76 to 76.4 of the said decision in Shatrughna Baban Meshram.
11. As noticed, the Trial Court and the High Court have concurrently
recorded the findings in this case that the prosecution has been able to
successfully establish the chain of circumstances leading to the only
conclusion that the appellant is guilty of the offence of murder of his wife.
The concurrent findings leading to the appellant’s conviction have been
29
challenged in this appeal as if inviting re-appreciation of entire evidence
on its contents as also its surrounding factors. Though the parameters of
examining the matters in an appeal by special leave under Article 136 of
the Constitution of India have been laid down repeatedly by this Court in
several of the decisions but, having regard to the submissions made in
this case, we usefully reiterate the observations in the case of Pappu v.
The State of Uttar Pradesh: 2022 SCC OnLine SC 176 wherein, after
referring to Articles 134 and 136 of the Constitution of India and Section 2
of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970 as also with a detailed reference to the relevant decisions, this
Court has summed up the subtle distinction in the scope of a regular
appeal and an appeal by special leave in the following words: -
73. To this Court, it appears that this case cannot be
equated with the cases where there is kidnapping, rape and murder
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of victim. It has been submitted that in the case of Pappu Vs.
State of Uttar Pradesh reported in 2022(2) BLJ 231(SC) which
was case of rape and murder of a child sentence of death was
commuted to life imprisonment.
73. To this Court, it appears that this case cannot be
equated with the cases where there is kidnapping, rape and murder
Patna High Court D. REF. No.3 of 2021 dt.19-10-2022
47/48
of victim. It has been submitted that in the case of Pappu Vs.
State of Uttar Pradesh reported in 2022(2) BLJ 231(SC) which
was case of rape and murder of a child sentence of death was
commuted to life imprisonment.