V. Mohini Giri v. Union Of India .

Factual and Procedural Background

A petition was filed requesting the Court to issue a guideline on the appropriate judicial approach when, in an appeal against a death sentence heard by a Bench of this Court, one of the Judges acquits the accused. The Court considered the request and issued an order dismissing the petition.

Legal Issues Presented

1. Whether this Court should issue a guideline prescribing the approach to be taken when, in a death sentence appeal before a Bench, one Judge acquits the accused person.
2. Whether issuing such a guideline would improperly curtail the judicial discretion of the Bench hearing the appeal.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court identified that the petitioner sought general guidelines dictating how a Bench should proceed in a death sentence appeal when one Judge acquits the accused. The Court concluded that issuing such guidelines would amount to curtailing the judicial discretion of the Bench hearing the appeal. Emphasizing the necessity of preserving judicial discretion, the Court declined to issue any guidelines and dismissed the petition.

Holding and Implications

DISMISSED

Direct effect: No guideline was issued regarding the approach to be adopted when one Judge acquits the accused in a death sentence appeal. The Bench’s judicial discretion remains intact. The order resolves only the petitioner’s request and sets no broader operative guideline; no new precedent was articulated.