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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
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 conviction vide judgment dated 29/07/2019 passed by learned Sixth Additional Sessions Judge, Guna in Sessions Trial No.13/2019 under Section 364(A) of IPC and sentence d him to life imprisonment with fine of Rs.50,000/- as contained in Ex.P/52 and also on the ground that in another case, learned XI Additional Sess
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 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.
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.
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
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 upheld the conviction for double murder but commuted the death sentence to life imprisonment, emphasizing the need for special reasons for capital punishment and considering the possibility....
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 emphasized the necessity of considering mitigating circumstances and the possibility of reformation before imposing the death penalty.
The main legal point established in the judgment is the confirmation of the death sentence for murder under Section 302 IPC and the acquittal of the charge under Section 212 IPC due to insufficient e....
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