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2008 Supreme(SC) 1107

B.N.AGARWAL, G.S.SINGHVI, AFTAB ALAM
Swamy Shraddananda @ Murali Manohar Mishra – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant :Varinder Kumar Sharma, Varun Thakur and Alok Barecha, Advocates.
For the Respondent:Sanjay R. Hegde, Amit Chawla, S.J. Aristotle, A. Rohen Singh and Vikrant Yadav, Advocates.
For the Complainant :U.U. Lalit, Sr. Adv., Rana Mukherjee, Ms. Uttara Babbar, Siddharth Gautam and Goodwill Indeevar, Advocates.

Judgment

Aftab Alam, J. —

1.Death to a cold blooded murderer or life, albeit subject to severe restrictions of personal liberty, is the vexed question that once again arises before this court. A verdict of death would cut the matter cleanly, apart from cutting short the life of the condemned person. But a verdict of imprisonment for life is likely to give rise to certain questions. (Life after all is full of questions!). How would the sentence of imprisonment for life work out in actuality? The Court may feel that the punishment more just and proper, in the facts of the case, would be imprisonment for life with life given its normal meaning and as defined in section 45 of the Indian Penal Code. The Court may be of the view that the punishment of death awarded by the trial court and confirmed by the High Court needs to be substituted by life imprisonment, literally for life or in any case for a period far in excess of fourteen years. The Court in its Judgment may make its intent explicit and state clearly that the sentence handed over to the convict is imprisonment till his last breath or, life permitting, imprisonment for a term not less than twenty, twenty five or even thirty years.










































































































































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