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1 - 6 of 6 (0.30 seconds)Section 27 in The Arms Act, 1959 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Prakash Dhawal Khairnar (Patil) vs State Of Maharastra on 12 December, 2001
In Prakash Dhawal Khairnar (Patil) Vs. State of
Maharashtra (2002) 2 SCC 35; the accused gunned down his
own brother and his family members and also his mother. The
dispute arose on account of the fact that his brother was not willing
to partition the joint family properties. This Court held that though
it was a heinous and brutal crime, yet it did not fall in the category
of the rarest of rare cases. There was no evidence to support that
the appellant in that case was a menace to society. There was also
no reason to believe that he could not be reformed or rehabilated,
and he was likely to continue his criminal acts of violence as
would constitute continuing threat to the society. The facts are
somewhat similar in this case, and therefore, on a careful
consideration of all the relevant circumstances we are of the view
that the sentence of death is not warranted in this case. We,
therefore, set aside the death sentence awarded by the Trial Court
and confirmed by the High Court to appellants Lallan Singh and
Babban Singh. We instead sentence them to suffer rigorous
imprisonment for life with the condition that they shall not be
released before completing an actual term of 20 years including the
period already undergone by them.
Section 109 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
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