AI Overview...
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Conviction and Acquittal - Several cases detail convictions under various IPC sections (e.g., Sections 302, 307, 324, 325, 504, 384, 149 IPC) and instances of acquittal, emphasizing the importance of proving guilt beyond reasonable doubt and the setting aside of trial court judgments when evidence is insufficient Avinash Kumar VS State of Bihar - Patna, Bhaiya Lal and Five Ors. VS State - Crimes.
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Custody and Hearing on Sentence - Courts have directed that accused persons, once convicted, be taken into custody for the purpose of hearing on the question of sentence. Some rulings specify that accused should not be released before serving the minimum sentence (e.g., 20 years), and that custody is necessary for proper hearing procedures STATE VS GOURANGA SAHU - Orissa, Satish VS State Of Haryana - Punjab and Haryana.
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Sentencing Procedures - The courts have discussed the right of the accused to be heard on the question of sentence, with some judgments affirming that no separate hearing is required if the accused has been given an opportunity to make submissions. The importance of hearing the accused before passing a sentence is emphasized, but procedural flexibility exists depending on the case context STATE VS GOURANGA SAHU - Orissa, [GOVERDHAN PRASAD
VS STATE -
Allahabad](https://supremetoday.ai/doc/judgement/02500039961).
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Impact of Investigation and Trial - The period undergone by the accused during investigation and trial is considered in sentencing, but retrospective considerations are generally not permitted to alter the conviction or sentence already recorded Vinod Kumar VS Union of India - Crimes.
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Special Cases and Sentences - Cases involving mass murders or heinous crimes have resulted in severe sentences like death or life imprisonment, with courts noting that inadequate sentences would be inappropriate given the gravity of the offense. Additionally, appellate courts sometimes suspend sentences or impose conditions such as deposit of fines, considering the accused's circumstances Shiv Rametc. VS State of Uttar Pradesh - Crimes, Amarveer Singh VS State of Rajasthan - Rajasthan.
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References:
- Avinash Kumar VS State of Bihar - Patna
- State of Sikkim VS Milan Kumar Diyali - Crimes
- Shiv Rametc. VS State of Uttar Pradesh - Crimes
- State of Maharashtra VS Bhagwan Zingu Wakdhe (Accused) - Bombay
- STATE VS GOURANGA SAHU - Orissa
- Vinod Kumar VS Union of India - Crimes
- Amarveer Singh VS State of Rajasthan - Rajasthan
- [GOVERDHAN PRASAD
VS STATE - Allahabad](https://supremetoday.ai/doc/judgement/02500039961)
- Bhaiya Lal and Five Ors. VS State - Crimes
- Satish VS State Of Haryana - Punjab and Haryana
Analysis and Conclusion:
Accused individuals convicted under IPC are generally taken into custody for the purpose of hearing on sentencing, with courts emphasizing the necessity of providing an opportunity for the accused to be heard before finalizing the sentence. The procedural approach varies, but safeguarding the right to be heard remains central. Sentences are proportionate to the gravity of the offense, especially in cases of mass murder or heinous crimes, where courts tend to impose severe penalties. Custody is often mandated to ensure proper conduct of the sentencing process, and courts have upheld the importance of procedural fairness in sentencing hearings.
Search Results for "Accused Convicted and Taken into Custody for Hearing on Question of Sentence"
2024 0 Supreme(Pat) 800 • India - Patna
RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
convicted for offence punishable under Sections 307 and 504 IPC but acquitted of charge under Section 384 IPC. ... been able to prove date, time, place and manner of occurrence beyond any reasonable doubt – Judgment of trial court set aside – Accused ... acquittal only if it comes to a finding that only conclusion which can be recorded on the basis of evidence on record was that guilt of accused ... We direct that the accused, namely, Samir Kumar shall be taken into custody by the Offi....
• India - Crimes
N.S.SINGH, A.P.SUBBA
and was liable to be convicted u/s. 201 IPC and sentenced to three years imprisonment with fine. ... No. 1 and he was liable to be convicted u/s. 302 IPC and sentenced to life-imprisonment — Recovery of weapon of offence at instance ... Indian Penal Code, 1860 — Sections 302/291/34 — Two respondent accused tried for offence and acquitted by trial Court — State appeal ... As regards sentence, we propose to hear both the accused-respondents before we pass any ....
• India - Crimes
M.M.PUNCHHI, S.P.KURDUKAR
/149-Convictions for committing mass murders of one family members-Accused awarded death sentence-Appeals-Unlawful assembly formed ... Sentence of life imprisonment to these six' accused persons would be totally inadequate in the facts and circumstances of this case ... bodies-All three heads were put together in a piece of cloth-A victory procession was taken out by accused persons-Totality of circumstances ... The next important question that needs our consideration....
1981 0 Supreme(Bom) 262 • India - Bombay
V.V.JOSHI
could have requested for time to surrender at the time of hearing the appeal on merits. ... The term "convicted" in section 389(3) does not include the sentencing part. ... appealed to the High Court under section 377 of the Criminal Procedure Code, 1973, which confirmed the conviction but enhanced the sentence ... Kherdekar, is that the term ... ”convicted” has not been defined anywhere in the Criminal Procedure Code, 1973, and this term implies two concepts, first the finding of proof of guilt against the ac....
1977 0 Supreme(Ori) 39 • India - Orissa
R.N.MISRA, N.K.DAS
The court held that the trial court did not err in not providing a separate hearing on the question of sentence, as the accused were ... Whether the trial court erred in not providing a separate hearing on the question of sentence. Ratio Decidendi: 1. ... given an opportunity to make submissions and produce material bearing on the sentence. ... Of course, care would have to be taken by the court to see that this #H....
• India - Crimes
J.N.PATEL, S.T.KHARCHE
undergone by the accused person during the investigation, inquiry or trial of the case, and therefore, question of giving any retrospective ... It does not seek to set at naught the conviction already recorded against the accused person. ... Criminal Procedure Code, 1973 — Section 428 — Border Security Force Act, 1968 — Section 121 A — Petitioner convicted u/s. 302 IPC ... Rule taken up for final hearing with the consent of the parties. 2. ... Hence, even where an accused#HL....
2009 0 Supreme(Raj) 2283 • India - Rajasthan
RAGHUVENDRA S.RATHORE
not be justified – as it results defeating the right of the accused of hearing of appeal and he will be left with no choice but ... onerous condition such as payment of excessive fine despite a substantive sentence being ordered against the accused person will ... – the appellate court suspended the sentence while imposing on the accused to deposit 50% of the above stated penalty – this was ... Poverty of the accused should not come in the way of hearing#HL_....
2004 0 Supreme(All) 1564 • India - Allahabad
M.C.JAIN, K.K.MISRA
R., the place of occurrence, and the hearing of the accused appellants on the question of sentence. ... The court also ruled that the accused appellants were not entitled to a hearing on the question of sentence when the minimum sentence ... C] - The court convicted the accused appellants under Sections 302/149 I. P. C and sentenced them to life imprisonment. ... He argued that t....
• India - Crimes
J.S.GUPTA, K.K.MISRA
to be convicted u/ss 326/34.325/34 and 323/34As regards sentence accused holding Barchi sentenced two years imprisonment and fine ... occurrence in question - Nothing to show that injuries found on accused were sustained by him during course, of incident in question ... u/s 307/149 IPC - Two acquitted by High Court in appeal Question of common intention attributable to rest four accused --i Four ... Neither the judgment nor the reco....
2008 0 Supreme(P&H) 124 • India - Punjab and Haryana
ADARSH KUMAR GOEL, S.D.ANAND
It also directed that the accused should not be released from custody before completion of 20 years of actual sentence. ... were disposed of with a direction that the accused should not be released from custody before completion of 20 years of actual sentence ... Result: The appeals filed by the accused were dismissed, and the State's appeals seeking enhancement of sentence ... custody before completion of 20 years of actual #HL_ST....
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