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2002 Supreme(SC) 1247

Devender Pal Singh – Appellant
Versus
State, N. C. T. Of Delhi – Respondent


JUDGMENT

Shah, J.-I am in respectful agreement with the reasons recorded by learned brother Pasayat, J. in arriving at the conclusion that the review petitions are required to be dismissed. Still however, I record my dissent with regard to sentence aspect.

R.P. (Crl.) No. 497 of 2002 in W.P. (Crl.) No. 993 of 2001.

2. In this case, it is to be stated that I had arrived at the conclusion that the prosecution case depends solely upon the confessional statement. The reasons recorded therein for acquitting him are not required to be reiterated. However, considering the majority view also, in my opinion, if death sentence is altered to imprisonment for life, it would be sufficient to meet the ends of justice.

R.P. (Crl.) Nos. 626 and 627 of 2002 in Crl. A. No. 761 of 2001.

3. In this case, it is to be stated that appeal of the main accused Bihari Manjhi and others was allowed and were acquitted on the basis that there was no other evidence except the so-called confessional statement which was totally unreliable and faulty investigation. This is also a tit case for altering the death sentence and imposing sentence of imprisonment for life.

4. For this purpose, I would rely upon the dissent































































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