Search Results Page
Search Results
1 - 10 of 12 (0.50 seconds)Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Swamy Shraddananda@Murali Monahar ... vs State Of Karnataka on 22 July, 2008
In the light of the aforesaid discussion, I uphold the conviction of appellant
Subhasish Ghosh @ Bachchu Ghosh under Sections 376/302/201 of the Indian
Penal Code. I also uphold the sentences imposed upon him, save and except
modifying the sentence of rigorous imprisonment for rest of his life for
commission of offence punishable under Section 302 of the Indian Penal Code to
rigorous imprisonment for life as the sentence awarded by the Trial Judge is not
one of the sentences which are prescribed for the aforesaid offence in law. The
trial court does not have the power to impose life imprisonment which shall be in
force for rest of the life of the convict without remission under Cr.P.C. for the
27
offence of murder punishable under Section 302 of the Indian Penal Code as
such power is exclusively reserved for the High Court in the light of the law
declared in Swamy Shraddananda (2) Vs. State of Karnataka, (2008) 13 SCC 767
and affirmed by the Constitution Bench in Union of India Vs. Sriharn, (2016) 7
SCC 1.