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1 - 10 of 181 (1.21 seconds)Bachan Singh vs State Of Punjab on 9 May, 1980
249. To do this, the trial court must elicit information
from the accused and the State. The State must, for an
offence carrying capital punishment, at the appropriate
stage, produce material which is preferably collected
beforehand, before the Sessions Court, disclosing a
psychiatric and psychological evaluation of the accused.
This will help establish proximity (in terms of timeline),
to the accused person's frame of mind (or mental illness,
if any) at the time of committing the crime and offer
guidance on mitigating factors (1), (5), (6) and (7) spelled
out in Bachan Singh [Bachan Singh v. State of Punjab, (1980)
2 SCC 684: 1980 SCC (Cri) 580]. Even for the other factors of
(3) and (4)--an onus placed squarely on the State--
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Santosh Kumar Satishbhushan Bariyar vs State Of Maharashtra on 13 May, 2009
244. The lack of forthcoming information has led to
attempts by the courts, to look backwards--sometimes
many years after the crime has been committed--to
evaluate on the one hand, circumstances that could not
have been paused in time, and on the other those which
can be captured, but for which there exists no frame of
reference from the past, for comparison. This
inconsistency in some courts calling for reports, while
others fail to -- further contributes to our patchwork
jurisprudence on capital sentencing, and in turn
undermines the equality principle and due process
protections that Santosh Bariyar [Santosh Kumar
Satishbhushan Bariyar v. State of Maharashtra, (2009) 6 SCC
498, para 112 : (2009) 2 SCC (Cri) 1150] recognises as
existing, in favour of death row convicts.
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005
We may usefully reproduce paras
142 to 144 of the same reported decision, wherein the
Court observed thus : (Navjot Sandhu case [State (NCT of
Delhi) v. Navjot Sandhu, (2005) 11 SCC 600: 2005 SCC (Cri)
1715], SCC pp. 710-11)
"142. There is one more point which we would like to
discuss, i.e. whether pointing out a material object by
165
Neutral Citation No. ( 2025:HHC:33005 )
the accused furnishing the information is a necessary
concomitant of Section 27. We think that the answer
should be in the negative. Though in most of cases,
the person who makes the disclosure himself leads
the police officer to the place where an object is
concealed and points out the same to him, however,
it is not essential that there should be such pointing
out in order to make the information admissible
under Section 27. It could very well be that on the
basis of information furnished by the accused, the
investigating officer may go to the spot in the
company of other witnesses and recover the
material object. By doing so, the investigating officer
will be discovering a fact, viz., the concealment of an
incriminating article and the knowledge of the accused
furnishing the information about it. In other words,
where the information furnished by the person in
custody is verified by the police officer by going to the
spot mentioned by the informant and finds it to be
correct, that amounts to the discovery of a fact within
the meaning of Section 27. Of course, it is subject to the
rider that the information so furnished was the
immediate and proximate cause of discovery. If the
police officer chooses not to take the informant
accused to the spot, it will have no bearing on the
point of admissibility under Section 27, though it
may be one of the aspects that goes into the
evaluation of that particular piece of evidence.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
State Of Maharashtra vs Damu S/O Gopinath Shinde And Others on 1 May, 2000
In State of Maharashtra v. Damu [State of
Maharashtra v. Damu, (2000) 6 SCC 269: 2000 SCC (Cri)
1088] it has been held as follows : (SCC p. 283, para 35)
'35. ... It is now well settled that recovery of an object
is not discovery of a fact as envisaged in [Section 27
of the Evidence Act, 1872].
Pulukuri Kottaya vs King-Emperor on 19 December, 1946
(2010) 2 SCC (Cri) 1054] after referring to the decision
in Pulukuri Kotayya [Pulukuri Kotayya v. King Emperor,
1946 SCC OnLine PC 47 : (1946-47) 74 IA 65: AIR 1947 PC
67], the Court adverted to seizure of clothes of the
deceased which were concealed by the accused.