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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.
Supreme Court of India Cites 197 - Cited by 342 - H L Dattu - Full Document
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