Supreme Court Dismisses Review Petition in Criminal Appeal — No Error Apparent on Record. The court found no grounds for interference in the conviction and sentence of some accused while granting benefit of doubt to others.

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Case Note & Summary

The Supreme Court of India addressed a Review Petition (Criminal) No. 414 of 2021 concerning Criminal Appeal No. 1613 of 2018. The petitioner, Sandeep, sought to challenge the earlier judgment that upheld the conviction and sentence of accused Pradeep and Sandeep, while granting the benefit of doubt to accused Krishna Devi and Ishwar. The court reviewed the circumstances on record and concluded that the previous judgment was justified. The petitioner raised several grounds in the Review Petition, but the court determined that these did not reveal any error apparent on the record that would warrant interference. Consequently, the Review Petition was dismissed, affirming the earlier decision regarding the convictions and sentences of the accused. The court's order was delivered by Justices Uday Umesh Lalit and Ajay Rastogi on December 8, 2021.

Headnote

A) Criminal Law - Review Jurisdiction - Error Apparent on Record - Criminal Procedure Code, 1973, Section Not mentioned - The court found that the grounds raised in the Review Petition did not establish any error apparent on the record, thus justifying the dismissal of the petition. Held that the conviction and sentence against some accused were justified while others deserved the benefit of doubt (Paras Not mentioned).

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Issue of Consideration

Whether the Review Petition presented any error apparent on the record to justify interference.

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Final Decision

The Supreme Court dismissed the Review Petition, affirming the conviction and sentence of some accused while granting benefit of doubt to others.

Law Points

  • Review jurisdiction
  • error apparent on record
  • conviction justification
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Case Details

2021 LawText (SC) (12) 248

Review Petition (Criminal) No.414 of 2021 in Criminal Appeal No.1613 of 2018

2021-12-08

Uday Umesh Lalit, Ajay Rastogi

Sandeep

State of Haryana

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Nature of Litigation

Review of a criminal conviction and sentence.

Remedy Sought

Petitioner sought to overturn the conviction and sentence.

Filing Reason

Petitioner claimed errors in the previous judgment.

Previous Decisions

The earlier judgment upheld the conviction of some accused and granted benefit of doubt to others.

Issues

Whether the Review Petition presented any error apparent on the record.

Submissions/Arguments

Petitioner argued that there were errors in the previous judgment. Respondent maintained that the conviction was justified.

Ratio Decidendi

The court held that the grounds raised in the Review Petition did not establish any error apparent on the record, thus justifying the dismissal of the petition.

Judgment Excerpts

The judgment under review had considered all the circumstances on record and then found that the conviction and sentence ordered against accused Pradeep and accused Sandeep was justified but accused Krishna Devi and Ishwar were deserved benefit of doubt. The grounds raised in the Review Petition do not make out any error apparent on record to justify interference.

Procedural History

The Review Petition was filed after the judgment in Criminal Appeal No. 1613 of 2018.

Acts & Sections

  • Criminal Procedure Code, 1973:
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