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1 - 10 of 10 (0.31 seconds)The Code of Criminal Procedure, 1973
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Juvenile Justice Act, 1986 [Entire Act]
The Juvenile Justice Act, 1986
Machhi Singh And Others vs State Of Punjab on 20 July, 1983
29. The guideline of the Hon'ble Supreme Court rendered in the case of Bachan Singh in the matter of making a choice between death sentence and life imprisonment was further illustrated in the case of Machhi Singh v. State of Punjab, 1983 SCC (Cri) 681.
Amit @ Ammu vs State Of Maharashtra on 6 August, 2003
32. We have already indicated that Mr. Sanyal has also relied on a decision of the Hon'ble Supreme Court in the case of Amit @ Ammu (supra) where also in a case of rape and murder, the Apex Court did not approve the sentence of death, but, modified the sentence of death to one for life imprisonment and naturally, we do not find any logic in the submission of Mr. Goswami that a strait-jacket formula can be framed on the matter of awarding death sentence in every case of murder with rape, on the contrary, in our considered view each case must be decided on its own merit and following the guidelines of the Apex Court given in the case of Bachan Singh and Machhi Singh (supra), the Court is required to draw a balance-sheet of aggravating and mitigating circumstances of a given case under consideration.
Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982
32. We have already indicated that Mr. Sanyal has also relied on a decision of the Hon'ble Supreme Court in the case of Amit @ Ammu (supra) where also in a case of rape and murder, the Apex Court did not approve the sentence of death, but, modified the sentence of death to one for life imprisonment and naturally, we do not find any logic in the submission of Mr. Goswami that a strait-jacket formula can be framed on the matter of awarding death sentence in every case of murder with rape, on the contrary, in our considered view each case must be decided on its own merit and following the guidelines of the Apex Court given in the case of Bachan Singh and Machhi Singh (supra), the Court is required to draw a balance-sheet of aggravating and mitigating circumstances of a given case under consideration.
Dhananjay Chatterjee Alias Dhana vs State Of W.B. on 11 January, 1994
31. Mr. Goswami has drawn our attention to the decision of the Apex Court in the case of Dhananjoy Chatterjee (supra), where in a similar case of murder with rape, the convict was awarded sentence of death and such sentence got the approval and sanction from the Apex Court and being inspired from the said decision of the Apex Court, Mr. Goswami submits that here in this case also when the convict is found guilty of murder with rape there should not be any hesitation from this Court to confirm the sentence of death as awarded by the learned Trial Court.
State Of Rajasthan vs Kheraj Ram on 22 August, 2003
16. Mr. Sanyal to substantiate his point has relied on the decision of the Hon'ble Supreme Court in the case of Amit @ Ammu v. State of Maharashtra, reported in 2003 SCC (Cri) 1959 and also State of Rajasthan v. Kheraj Ram, reported in 2003 SCC (Cri) 1979.
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