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2021 Supreme(SC) 719

L.NAGESWARA RAO, B.R.GAVAI, B.V.NAGARATHNA
Mofil Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellant(s) :Bimal Roy Jad, Advocates
For the Respondent(s):Ratan Kumar Choudhuri, Jayesh Gaurav, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. This Petition has been filed under Article 137 of the Constitution of India, seeking review of the judgment dated 09.10.2014 in Criminal Appeal No.1795 of 2009 [2014 0 Supreme(SC) 954]. The Petitioners were convicted for offences under Sections 302 and 449 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced to death for offence under Section 302 read with Section 34, IPC and 10 years of rigorous imprisonment for offence under Section 449 read with Section 34, IPC. The conviction and death sentence imposed by the trial court was upheld by the High Court of Jharkhand by an order dated 02.07.2009 and the Criminal Appeal filed by the Petitioners against the said order was dismissed by this Court by its judgment dated 09.10.2014. In Mohd. Arif v. Registrar, Supreme Court of India, (2014) 9 SCC 737, this Court held that review petitions arising out of appeals affirming the death sentence are required to be heard orally by a three-Judge bench. Pursuant to the said judgment, this Review Petition is listed for open court hearing.

2. At the outset, it is necessary to set out the scope and ambit of the jurisdiction of this Court

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