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the death sentence
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Showing posts with label
the death sentence
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Tuesday, January 29, 2013
the death sentence= every murder is brutal, and the difference between the one from the other may be on account of mitigating or aggravating features surrounding the murder.; It is well settled law that awarding of life sentence is a rule and death is an exception. ; Life imprisonment cannot be equivalent to imprisonment for 14 years or 20 years or even 30 years, rather it always means the whole natural life.; there is misconception that a prisoner serving life sentence has an indefeasible right to release on completion of either 14 years or 20 years imprisonment. A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the appropriate Government under Section 432 of the Code which in turn is subject to the procedural checks mentioned in the said provision and further substantive check in Section 433-A of the Code.;The appellant-accused, therefore, instead of being awarded death penalty, is sentenced to undergo rigorous imprisonment for life, meaning thereby, the end of his life but subject to any remission granted by the appropriate Government satisfying the conditions prescribed in Section 432 of the Code and further substantiate check under Section 433-A of the Code by passing appropriate speaking orders. The appeals are disposed of on the above terms.
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL...
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