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2023 Supreme(SC) 26

M. R. SHAH, S. RAVINDRA BHAT
State of Rajasthan – Appellant
Versus
Komal Lodha – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rahul Kumar, Adv. Ms. Kavita Bhardwaj, Adv. Mr. Vishesh Kumar, Adv. Mr. Shubham Sethi, Adv. Ms. Pragati Neekhra, AOR
For the Respondent(s): Ms. Sridevi Panikkar, AOR

ORDER :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with impugned judgment and order dated 11.05.2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Criminal Death Reference No. 6/2019 connected with D.B. Criminal Appeal (DB) No. 374/2019, by which, on remanding the matter by this Court, the Division Bench of the High Court has commuted the death penalty to life imprisonment, the State has preferred the present appeals. The State is also aggrieved of the observations made by the High Court in paragraph 42 in the impugned judgment and order.

2. The facts leading to the present appeals in a nutshell are as under:

2.1 That the respondent – accused was convicted for the offence punishable under Section 302 IPC. The learned Trial Court awarded the death penalty. However, the High Court has commuted the death penalty to life imprisonment mechanically and without considering the aggravating and mitigating circumstances which were required to be considered while considering the case of death penalty. The matter was carried to this Court by the State against commuting the death penalty to life imprisonment.

2.2 That vide judgment and order dated 06.01.2


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