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K. V. VISWANATHAN, VIJAY BISHNOI
Munna Moyuddin Shaikh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
K.V. Viswanathan, J.
1. Delay condoned.
2. Leave granted.
3. Heard Ms. Jaikriti S. Jadeja, learned counsel for the appellant and Ms. Swati Ghildiyal, learned counsel for the respondent-State.
4. The present appeal calls in question the correctness of the judgment and order dated 18.03.2002 in Criminal Appeal No. 459/2001 passed by the High Court of Gujarat at Ahmedabad. By the said judgment and order, the High Court confirmed the conviction and sentence imposed by the Additional Sessions Judge, Vadodara, Camp at Chhotaudepur, Gujarat (for short, ‘Trial Court) in Sessions Case No.33/1998. The Trial Court had convicted the appellant for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’) as well as under Section 135 of the Bombay Police Act (for short, ‘BP Act’) and after sentencing him to imprisonment for life also imposed a fine of Rs.25,000/-. Appropriate default sentences were also imposed.
5. Originally, four accused were set up for trial, and the appellant herein was A-2. While the appellant was convicted, the other three accused were acquitted.
6. The case of the prosecution is amply supported by three eye witnesses - PW-1 Arifhus
(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....
Sessions Court cannot impose life sentence for rest of life of accused. High Court can impose such sentence.
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....
The power to impose a modified punishment providing for any specific term of incarceration or till the end of the convict's life as an alternate to death penalty can be exercised only by the High Cou....
The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.
Life imprisonment under Section 302 IPC retains the right to seek remission, even when clarified to a maximum of 20 years by the High Court.
(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....
An accused sentenced to fixed term life imprisonment is entitled to release after serving the specified term without needing to apply for remission.
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....
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