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2020 Supreme(Del) 619

MUKTA GUPTA
Sanjay Kumar Valmiki – Appellant
Versus
State – Respondent


Advocates Appeared:
Ms.Manika Tripathy and Mr. Ashutosh Kaushik, Advocate for the Appellant; Mr.Rahul Mehra, Standing counsel for the State with Mr.Jamal Akhtar, Mr.Chaitanya Gosain and Mr.Amanpreet Singh, Advocates for the Respondent

JUDGMENT

Mukta Gupta, J. - Petitioner Sanjay Kumar Valmiki was convicted for offences punishable under Section 302/376(2)(f)/363/201 IPC and sentenced to rigorous imprisonment for life with stipulation of a minimum period of 25years of incarceration without remission. This Court in appeal though held that the learned Trial Court could not have awarded such a sentence, in terms of the decision of the Constitution Bench reported as (2016) 7 SCC 1 Union of India vs. V. Sriharan , however, awarded the same sentence.

2. Petitioner Chandra Kant Jha was convicted in three different FIRs for offence punishable under Section 302 IPC and in two of the FIRs, he was awarded sentence of death by the learned Trial Court, subject to confirmation by this Court. The two appeals filed by Chandra Kant Jha and the Reference by the State, were disposed of by this Court vide judgment dated 27th January, 2016 returning the findings as under:-

    "118. In light of the aforesaid factum and balancing out of the aggravating and mitigating circumstances, we feel that the present case would fall in the category wherein the extreme sentence of death by capital punishment would not be justified and at the same time

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