Search Results Page

Search Results

1 - 10 of 13 (0.22 seconds)
The State Of Bihar vs Nepali Mandal @ Manish Mandal on 30 March, 2017 cites

Machhi Singh And Others vs State Of Punjab on 20 July, 1983

In the light of the principles laid down by the Hon'ble Apex court, we would now examine whether the present case falls into the category of rare of the rarest case, so as to impose death sentence to the appellant. It is not in dispute that even as per the prosecution case, the appellant was aged about 19 to 20 years having just emerged from childhood to adulthood. There is no past criminal history attached to the appellant. No one had actually seen the occurrence, though the circumstances point to the guilt of the appellant Nepali Mandal and his two associates, who are absconding, still there is no eye witness to the commission of the crime. In such circumstance, it is difficult to hold that the case of the appellant would fall in the category of rarest of the rare case and we accordingly convert the death sentence under Section 302 of the Indian penal Code Patna High Court D. REF. No.4 of 2016 dt.30-03-2017 24/24 to life imprisonment. The sentence of life imprisonment passed by the trial Court under Section 364A and 377 of the Indian Penal Code are maintained, whereas the sentence passed under Section 201 of the Indian Penal Code is reduced to 4 years from 7 years. The fine amount is also reduced to a composite sum of Rs. 5000, and in default of payment of fine, the appellant would undergo additional imprisonment for one month. However, all the sentences are directed to run concurrently.
Supreme Court of India Cites 7 - Cited by 785 - M P Thakkar - Full Document
1   2 Next