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

35. Learned counsel cited the cases of Sobhit Chamar Vs State of Bihar [1998 SCC(3) 455]; Shiv Ram Vs. State of Uttar Pradesh ( 1998 SCC (1) 149 ); Prajeet Kumar Singh Vs. State of Bihar (2008(4) JT 257 = 2008(4)SCC 434); State of U.P. Vs Sattan @ Satyendra ( 2009 JT (4) 437 ) and the case of Sunil Baban Pingale Vs. State of Maharashtra( 1999(5) SCC 702 ).The rulings cited by the learned counsel of the complainant are mainly based on the judgments in the case of Bachan Singh (supra) and Machhi Singh ( supra).We have discussed in detail the principles laid down in those judgments. Each case has to be adjudged from its own facts and circumstances. The rulings which have been cited by the learned counsel are not applicable in the facts and circumstances of the present case.
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document

Jagmohan Singh vs The State Of U. P on 3 October, 1972

26. The Hon'ble Apex Court in the case of Jagmohan Singh Vs. State of U.P. [ 1973 [1} SCC 20 ] while upholding the validity of the death sentence held that the application of the principles have now to be guided by the paramount legislative power discernible from section 354 (3) and 235 (2) namely (i) the extreme penalty can be inflicted only in gravest cases of extreme culpability; (ii) in making choice of sentence in addition to the circumstances of the offence due regard must be paid to the circumstances of the offenders also.
Supreme Court of India Cites 21 - Cited by 152 - D G Palekar - Full Document

State Of U.P vs Sattan @ Satyendra & Ors on 27 February, 2009

35. Learned counsel cited the cases of Sobhit Chamar Vs State of Bihar [1998 SCC(3) 455]; Shiv Ram Vs. State of Uttar Pradesh ( 1998 SCC (1) 149 ); Prajeet Kumar Singh Vs. State of Bihar (2008(4) JT 257 = 2008(4)SCC 434); State of U.P. Vs Sattan @ Satyendra ( 2009 JT (4) 437 ) and the case of Sunil Baban Pingale Vs. State of Maharashtra( 1999(5) SCC 702 ).The rulings cited by the learned counsel of the complainant are mainly based on the judgments in the case of Bachan Singh (supra) and Machhi Singh ( supra).We have discussed in detail the principles laid down in those judgments. Each case has to be adjudged from its own facts and circumstances. The rulings which have been cited by the learned counsel are not applicable in the facts and circumstances of the present case.
Supreme Court of India Cites 24 - Cited by 74 - A Pasayat - Full Document

Mulla & Another vs State Of U.P on 8 February, 2010

In the case of Mulla Vs. State of U.P. ( 2010 (3) SCC ) 508, there were three persons irrigating their fields from tube wells. 8 miscreants reached at the spot and they caught hold of four persons who were irrigating their fields and inquired about the property and demanded ransom of Rs. 3000/- each and threatened them otherwise would be killed. At the very moment, four persons who were returning homes after irrigating their fields also reached there and they were also stopped by the 28 miscreants demanding Rs. 10,000/- each from them also. When all the persons expressed their inability, they assaulted two persons by the butt of the gun and took all the persons towards a jungle. They released three persons directing them to bring money otherwise they would be killed. The persons who were released reached at the village and they narrated the incident in the village and they took all the other five abducted persons along with them. In the morning dead bodies of five persons were found near the tubewell and the appellants were found guilty for commission of murder of those persons. Death sentence was recorded against the appellants and the apex court while assessing all the facts and circumstances of the case and taking into account all the aggravating and mitigating circumstances confirming the conviction, commuted the death sentence into life imprisonment.
Supreme Court of India Cites 49 - Cited by 242 - P Sathasivam - Full Document
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