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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, AVANINDRA KUMAR SINGH
Rajat Saini @ Siddharth – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. conviction of appellant rajat saini under ipc provisions. (Para 1 , 2 , 4 , 5) |
| 2. speculation on appellant’s past convictions as aggravation. (Para 8 , 12) |
| 3. arguments on death penalty and mitigating circumstances. (Para 10 , 20 , 66) |
| 4. death penalty modified to life imprisonment. (Para 68 , 69) |
JUDGMENT :
VIVEK AGARWAL, J.
1. This Criminal Reference and Criminal Appeal are filed being aggrieved of judgment dated 04/05/2023 passed by learned Seventh Additional Sessions Judge, Bhopal (MP), in Sessions Trial No.707/2022, whereby learned Sessions Judge has held appellant guilty of charges under Sections 302 , 201, 489(A), 489(B), 489(C) and 489(D) of IPC and has sentenced him as under :-
| CONVICTION | SENTENCE | ||
| SECTION | IMPRISONMENT | DETAIL OF FINE | IMPRISONMENT IN LIEU OF FINE RI |
| 302 of IPC | Death sentence | 1000/- | 3 Months |
| 201of IPC | 7 years | 1000/- | 3 Months |
| 489-A of IPC | Life Imprisonment | 1000/- | 3 Months |
| 489-B of IPC | Life Imprisonment | 1000/- | 3 Months |
| 489-C | 7 years | 1000/- | 3 Months |
| 489-D | Life Imprisonment | 1000/- | 3 Months |
2. It is submitted by learned counsel for the appellant that present is a case where death penalty has been inappropriately and arbitrarily awarded only on the ground that appellant has a past c
The requirement for a separate hearing on sentencing was not fulfilled, leading to the modification of the death penalty to life imprisonment for 20 years due to statutory violations.
The court emphasized that death penalty cannot be imposed without strict adherence to procedural safeguards, and mitigating factors must be considered against aggravating circumstances when sentencin....
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
(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 upheld that the death penalty is an exception, emphasizing rehabilitation and reformation when sentencing for serious crimes, mandating consideration of the offender's background and potent....
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 death penalty can be commuted to life imprisonment if mitigating factors outweigh aggravating circumstances, particularly demonstrating lack of premeditation or extreme brutality in the crime.
The court emphasized the necessity of considering mitigating circumstances and the possibility of reformation before imposing the death penalty.
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
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