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R.BASANT, K.VINOD CHANDRAN
State Of Kerala, Represented By The Public Prosecutor, High Court of Kerala, Ernakulam – Appellant
Versus
Unni – Respondent
Headnote: Read headnote
BASANT, J.
(i) Do Session Judges have the power to impose the harsher variety of life sentence which is recognised by Swamy Shraddananda (2) Versus State of Karnataka[2008 (13) SCC 767] as an option available in law for the courts to avoid the harshest, irreversible and incorrect able sentence of death? Is that sentencing option available only to the Supreme Court under Article 142 of the Constitution? Is that sentencing option available only to constitutional courts - the High Courts and the Supreme Court?
(ii) Consequently is it necessary for the Session Judges to consider whether that alternative option [the harshest sentence of life authorised by Swamy Shraddananda (2)(supra)] is also unquestionably foreclosed in the facts and circumstances of a given case before choosing to impose the sentence of death?
(iii) Is it necessary for this Court to declare the law authentically and insist that before the sentence of death is imposed by any Sessions Court, such consideration must invariably precede?
These questions o
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....
(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....
The court ruled that while death penalty can be imposed, it should be reserved for exceptional circumstances; in this case, the intent was not premeditated, thereby commuting the death sentence to li....
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.
Until the High Court confirms a death sentence, a convicted individual is not classified as a prisoner under sentence of death, thus entitled to privileges equal to other prisoners.
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
Point of Law : Under sub-section (2) of S.31, there cannot be a sentence exceeding 14 years.
Judicial discipline requires that once conviction was confirmed by Supreme Court that too after hearing accused, High Court should not have thereafter made any comment on merits of case.
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