Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Right to Promotion is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
12 Mar 2026
Section 4 Official Secrets Act Presumption and Prima Facie Evidence Bar Bail in Espionage Case: Punjab & Haryana HC
14 Mar 2026
Centre Revokes Wangchuk's NSA Detention Amid SC Challenge
14 Mar 2026
No Interference Allowed in Religious Prayers on Private Premises: Allahabad HC Cites Maranatha Precedent
14 Mar 2026
No Proof of Absolute Ownership by Mizo Chiefs Bars Fundamental Rights Claim Under Article 31: Supreme Court
14 Mar 2026
Back
Next 
ABHAY S. OKA, RAJESH BINDAL
Shiv Mangal Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
Headnote: Read headnote
JUDGMENT :
Abhay S. Oka, J.
1. Heard learned counsel for the parties.
FACTUAL ASPECTS
2. This is a case where, on 15th March 2006, the present appellant, along with other co-accused, committed the murder of three persons. According to the case of the prosecution, the incident occurred at about 7 p.m. on 15th March 2006 at Village Khaira Kasar, PS Jujharnagar. It is alleged that the accused persons formed a wrongful assembly with the common object of murdering Rambabu, Dileep and Babbu. The accused were armed with deadly weapons, such as a country-made pistol, lance, javelin, battle-axe, axe and sticks. Apart from killing three persons, they caused injuries to one Bhola and Smt. Shanti. The Sessions Court convicted the appellant for the offence under Section 302, read with Section 149 (on three counts) of the Indian Penal Code, 1860 (for short, ‘the IPC’). Three other co-accused were also convicted for the same offence. All the accused were sentenced to undergo life imprisonment with a
Sessions Court cannot impose life sentence for rest of life of accused. High Court can impose such sentence.
(1) Life sentence – When an offender is sentenced to undergo imprisonment for life, incarceration can continue till end of life of accused – However, it is subject to grant of remission under provisi....
Life sentence – A special category of sentence, instead of death, can be substituted by punishment of imprisonment for life or for a term exceeding 14 years and that category can be put beyond applic....
(1) Kidnapping and rape of girl child – When a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, convict is also liable to suffer a senten....
Trial courts are foreclosed from imposing such a modified or specific term sentence, or life imprisonment for the remainder of convict’s life, as an alternative to death penalty.
The sentencing option of imprisonment for life without the possibility of remission or commutation is available to both the trial court and the High Court, but not to the Supreme Court unless it is e....
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
Appeal against conviction – Right balance has to be struck by taking up for hearing even some of old criminal appeals against conviction where accused are on bail – It is desirable that certain categ....
Sentence – Principle of Proportionality should guide sentencing process – Punishment is designed to protect society by deterring potential offenders as well as prevent guilty party from repeating off....
Capital punishment can only be imposed in 'rarest of rare' cases, and mitigating factors such as the age of the offender can influence commutation of death sentences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article