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1 - 10 of 31 (0.76 seconds)The Arms Act, 1959
Section 25 in The Arms Act, 1959 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 25 in The Indian Penal Code, 1860 [Entire Act]
Section 45 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Arms Act, 1959 [Entire Act]
Gopal Vinayak Godse vs The State Of Maharashtra And Others on 12 January, 1961
Hence, this Court modifies the sentence imposed upon Monirul and directs
he shall suffer life imprisonment as prescribed under section 53 read with
section 45 of the Indian Penal Code and interpreted by the Apex Court in
Godse (supra).
Union Of India vs V. Sriharan @ ,Murugan & Ors on 2 December, 2015
Imposition of such a sentence, that is, life
imprisonment without remission under section 433A of the Cr.P.C. cannot be
13
(1961) 1 Cri Lj 736
27
imposed by the trial Court for the offence punishable under section 302/34
of the I.P.C. In Union of India Vs. V. Sriharan Alias Murugan And Others14
a Constitution Bench clarified such a sentence can be imposed only by the
Supreme Court or by the High Court while converting a death sentence to
one of life imprisonment. Even then, the Court's discretion does not encroach
on the constitutional powers of the President of India or the Governor under
Article 72/161 of the Constitution of India respectively. In Gauri Shankar15
the Apex Court held such powers cannot be exercised by the trial Courts.
Trial Court, therefore, fell in error in directing that Monirul shall suffer life
imprisonment till his death, that is, life imprisonment without remission.