PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State Of Rajasthan, Through Pp Banswara – Appellant
Versus
Rupa S/o Kachru – Respondent
JUDGMENT :
Per Dr. Pushpendra Singh Bhati, J:
1. The accused-appellant in this appeal, through Jail, has been convicted and sentenced as below vide judgment of conviction and order of sentence dated 19.01.2023 (in Sessions Case No. 128/2018 - CIS Reg. No. 128/2018 - State of Rajasthan v. Rupa), passed by the learned Additional Sessions Judge, Banswara.
| Offence | Sentence |
| Section 302, Indian Penal Code 1860 | Death Sentence |
1.1. As indicated above, the accused-appellant had been convicted under the aforementioned provision, and while doing so, the learned Trial Court, being the Court of Sessions, had passed the death sentence against the accused-appellant vide the impugned judgment of conviction and order of sentence. Therefore, in accordance with Section 366 of the Code of Criminal Procedure 1973, the matter has been submitted before this Hon’ble High Court for confirmation of such sentence, by way of Murder Reference No. 01/2023.
1.2. We also have noticed that on behalf of the accused-appellant, an appeal being the above-numbered D.B. Criminal Appeal (Db) No. 77/2023 has been preferred against the impugned judgment of conviction and order of sentence. Accordingly,
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
The court emphasized the necessity of considering mitigating circumstances and the possibility of reformation before imposing the death penalty.
The court ruled that the death penalty is not warranted as the case does not fall under the 'rarest of rare' category, emphasizing the need for special reasons for such a sentence.
The court ruled that the death penalty is an exception, emphasizing the need for considering the possibility of reformation and rehabilitation of the accused, leading to a modification of the sentenc....
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
The court affirmed multiple convictions for murder and conspiracy, emphasizing the nature of the crimes and the relationship between the accused as central to the ruling.
Point of Law - Court has made an attempt to cull out certain aggravating and mitigating circumstances and it has been held that it was only in ‘rarest of rare’ cases, when collective conscience of th....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.