Case Note & Summary
The Supreme Court addressed three review petitions concerning the imposition of death sentences in cases where one judge had recorded an acquittal. The petitions were filed under Article 137 of the Constitution of India, challenging the majority opinion that supported the death sentence despite dissenting views. The applicants argued that the court traditionally refrains from imposing death sentences when there is an acquittal by any judge, citing past judgments that supported this practice. The court examined the scope of review in criminal proceedings, emphasizing that it is limited to errors apparent on the record and not a re-hearing of the case. The court referenced several precedents, including Bachan Singh v. State of Punjab and others, to illustrate that the death sentence should only be imposed in the 'rarest of rare' cases, and that acquittal or differing opinions do not automatically qualify a case for such a sentence. The court concluded that the review petitions lacked merit, as the arguments presented did not demonstrate a miscarriage of justice or compelling reasons to deviate from established legal principles. Ultimately, the court dismissed the review petitions, affirming the death sentences imposed by the majority opinion in the original judgment.
Headnote
A) Constitutional Law - Review Jurisdiction - Scope of Review in Criminal Proceedings - Article 137 of the Constitution of India, 1950 - The court held that the review of a death sentence is not warranted merely due to a dissenting opinion from one judge regarding acquittal or life sentence, emphasizing that the review process is not a re-hearing of the appeal. The court reiterated that the imposition of death sentence must consider the nature of the offence and its societal impact, rather than solely relying on acquittal or lesser sentences (Paras 1-10).
Issue of Consideration
Whether the imposition of death sentence was proper when one of the judges recorded a finding of acquittal.
Final Decision
The Supreme Court dismissed the review petitions, affirming the death sentences imposed by the majority opinion in the original judgment, stating that the arguments did not demonstrate a miscarriage of justice.
Law Points
- Review jurisdiction
- death sentence
- acquittal
- Article 137
- Supreme Court Rules
- miscarriage of justice
