abolition of capital punishment

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Section 367(5) reads= Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India as far as capital punishment is concerned. The Code of Criminal Procedure, 1898, under Section 367(5) reads: “If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed.”= In the above facts and circumstances of the case, while upholding the conviction of the appellant under Section 302 and Section 307 of IPC, we modify the sentence as follows: a) For offence under Section 302 of IPC, the appellant is sentenced to life imprisonment. b) For offence under Section 307 of IPC, the appellant is convicted to imprisonment for a period of seven years. 28. Imprisonment for life of a convict is till the end of his biological life as held by the Constitution Bench in Gopal Vinayak Godse vs. The State of Maharashtra and Others[37] case (supra). Hence, there is no point in saying that the sentences would run consecutively. However, we make it clear that in case the sentence of imprisonment for life is remitted or commuted to any specified period (in any case, not less than fourteen years in view of Section 433A of the Cr.PC.), the sentence of imprisonment under Section 307 of IPC shall commence thereafter. 29. The appeals are allowed as above.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40743 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 165-166 OF 2011 Sunil Damodar Gaikwad … Appellant (s) Versus State of Maharashtra … Respondent (s) J U D G M E N T KURIAN, J.:   1. Death and if not life, death or life, life and if not death, … Continue reading

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