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...Section 34 IPC by the Sessions Court and had been undergoing sentence of imprisonment for life. His conviction and sentence was affirmed by the High Court and later confirmed by this Court. The petitioner....2. According to the petitioner, the length of the duration of imprisonment for life is equivalent to 20 years' imprisonment and that too subject to further remission admissible under ..., 1992 (West Bengal Act 32 of 1992) whereunder imprisonment for life is equated to a term of 20 years' imprisonment.3. Another contention raised by the petitioner is that...
...Y.V Chandrachud, C.J— We have before us an appeal and a writ petition, which are filed by two persons sentenced to life imprisonment for the offence of murder. They contend...must be set off against the sentence of life imprisonment imposed upon them.2. The appellant, Bhagirath, filed a petition in the Delhi High Court asking that his case be referred for the...convict in the jail as an undertrial prisoner cannot be taken into account because, Section 428 of the Code which allows such a set off applies only when an accused has been sentenced to “imprisonment for a term”, and the sentence o...
...the condition that he does not reasonably appear to have been guilty of an offence punishable with death or imprisonment for life. The condition of not releasing the person on bail charged with an...offence punishable with death or imprisonment for life shall not be applicable if such person is under the age of 16 years or is a woman or is sick or infirm, subject to such conditions as may be imposed...guilty of an offence punishable with death or imprisonment for life. There is no gainsaying that the discretion conferred by the Code has to be exercised judicially. Section 438 of the Code empowers the...
...of Punjab and Haryana confirming the conviction of the appellant under Sections 304-B and 498-A IPC and the sentence of imprisonment for life and two years respectively awarded thereunder by the trial...-A IPC. However, the trial court awarded sentence of imprisonment for life for the offence punishable under Section 304-B IPC. On appeal the High Court having examined the evidence agreed with the...conclusions reached by the trial court and dismissed the appeal and the extreme punishment of imprisonment for life under Section 304-B IPC was confirmed.6. In this appeal...
...to life imprisonment which was confirmed by the High Court of Punjab and Haryana. While the petitioner was on parole after his conviction and sentence for first murder, he was tried for the second...that life imprisonment would be the proper sentence that should be imposed upon the appellant. We accordingly reduce the sentence of death imposed upon him and sentence him to suffer rigorous imprisonment for ...the instant sentence of imprisonment for life awarded to him should not run concurrently with his earlier sentence of life imprisonment. We therefore, direct that in case any remission or commutation in re...
...Aftab Alam, J.— Death to a cold-blooded murderer or life, albeit subject to severe restrictions of personal liberty, is the vexed question that once again arises before this Court. A verdict of death would cut the mat...sentence but giving the alternate sentence of life imprisonment in a capital offence was done away with by deletion of Section 367(5) in the Code of Criminal Procedure, 1898 and the requirement to state reasons for giving...awarding the sentence of death and not its alternate, the imprisonment for life or imprisonment for a term of years. On both occasions the court upheld the constitutional validity of death sentence ...
...302 and under Section 324 of the Indian Penal Code, and has been sentenced to suffer imprisonment for life and imprisonment for one year respectively. Substantive sentences have been directed to run...sentence of imprisonment for life are liable to be set aside.8. The next question is what offence the appellant is shown to have committed? In a trivial quarrel the appellant...death. Therefore, the appellant is shown to have committed an offence under Section 304 Part II of the IPC and a sentence of imprisonment for five years will meet the ends of justice.9. Accordingly thi...
...suffer varying sentences, including a sentence of imprisonment for life for each one of the murders committed by them. What is important is that the sentence of imprisonment for life ...1319 by the High Court that the sentences of imprisonment for life awarded to each one of the appellants for several murders allegedly committed by them would run consecutively and not...concurrently. It was argued that in terms of Section 31 of the Criminal Procedure Code, 1973 (for short “CrPC”) the sentence of life imprisonment awarded to the appellants for different murders alleged to have...
...imprisonment for life or one extending to 10 years. But the offence for which the respondent has been found guilty, is for attempt to rape. Therefore, it is idle to contend that the respondent has been...held guilty for an offence which would attract imprisonment for life, disentitling him to the benefit of probation under the aforementioned two statutes. Section 57 of the IPC clearly points out that...in calculating fractions of terms of imprisonment, imprisonment for life shall be reckoned as imprisonment for 20 years. Thus, on employment of Section 511 IPC, the punishment for the off...
...imprisonment for life. His appeal, Criminal Appeal No. 40 of 1979, was dismissed by the High Court of Rajasthan. Since then he is serving time. It appears that he filed a Habeas Corpus Writ Petition No. 2963...1958 Rules notwithstanding. According to him, even if the provisions of Sections 432 and 433 of the Code do not come into play unless a convict sentenced to life imprisonment has completed actual incarceration for 14...different?(c) Whether the persons sentenced to death by courts, whose death sentence has been commuted to life imprisonment by executive clemency, form a distinct and separate class for the...
...a mercy petition preferred by him, his death sentence was commuted by the Governor of Punjab to imprisonment for life, which he has been undergoing in the Central Jail at Bhatinda. Excluding the...Admittedly, neither his sentence has been remitted fully nor commuted for imprisonment for a term not exceeding 14 years either under Section 55 IPC or Section 433(b) CrPC, 197...(Amendment) Act (26 of 1955) that section prescribed the punishment of “Transportation” at item “Secondly” but that was substituted by “Imprisonment for life” by the said Amending Act (26 of 1955) with...
...seven years' rigorous imprisonment and five years' rigorous imprisonment respectively and for the third offence to transportation for life and all the sentences were directed to run concurrently...which was of two descriptions, namely, rigorous and simple. The word “transportation” was not defined in the Indian Penal Code, but it was for life with two exceptions. Under Section 55 of the Indian Penal Code, “In every case in wh...transportation beyond the seas. It was observed at p. 9 thus:“But at the present day transportation is in truth but a name given in India to a sentence for life and, in a few special cases, ...
...to the Public Prosecutor for showing cause in writing against such release where the conviction is on an offence punishable with death or imprisonment for life or for a term not less than ten years, is...awarded sentence of imprisonment for life with fine. Altogether seven accused have been convicted; however bail is granted only to four.3. The main contention of the...for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release...
...for life and for rigorous imprisonment for two years, respectively. The five other accused persons including respondent, Amara, were convicted under Section 302 read with Section 149 and under Section 147 ...respondent Kalki alias Kali under Section 302 of the Penal Code and respondent, Amara, under Section 302/34 of the Penal Code, and sentence each of them to suffer imprisonment for life.12..., Shrimati Kalki alias Kali and her husband, Amara (along with four other co-accused). Respondent Kalki was convicted under Section 302 and Section 148 of the Penal Code and sentenced to imprisonment...
...accused guilty and sentenced him to undergo imprisonment for life. Order of conviction and sentence passed by learned trial Judge was con-firmed by this Court in appeal. On completion of fourteen years...person sentenced, commute any of the following sentences for any other mentioned after it:death, imprisonment for life, rigorous imprisonment for a term not exceeding that to which...that the appropriate Government may without the consent of the person sentenced commute a sentence of imprison-ment for life, for imprisonment for a term not exceeding 14 years or for fine. It may...
...S. Rajendra Babu, J.— This writ petition filed under Article 32 of the Constitution seeks for the release of the petitioner who is undergoing imprisonment for life after...)“(1) That a sentence of imprisonment for life does not automatically expire at the end of 20 years including the remissions, because the administrative rules framed...under the various jail manuals or under the Prisons Act cannot supersede the statutory provisions of the Indian Penal Code. A sentence of imprisonment for life means a sentence for the entire life of the...
...any offence, not punishable with death or imprisonment for life. Relevant portion of Section 4 of the Probation of Offenders Act, 1958 reads thus:“4. Power of court to...release certain offenders on probation of good conduct.—(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the..., not punishable with death or imprisonment for life. This power can be exercised by the courts while finding the person guilty and if the court thinks that having regard to the circumstances of the...
...cases which are punishable with imprisonment for life or with death. Thus the Magistrate is not incompetent to grant bails in appropriate Sessions Triable cases which are not punishable with imprisonment...the accused is guilty of an offence punishable with death or imprisonment for life. There is no such prohibition on the Magistrates to consider and grant bails in cases which are punishable by...sentences lesser than death or imprisonment for life. In fact neither section 437 Cr.P.C nor any other provision in the Code of Criminal Procedure makes any distinction between a...
...undergo imprisonment for life. On that basis, the respondents had taken action to have him dismissed from service since he was working as a Junior Clerk in the respondent-Electricity Board. The petitioner...Order1. Delay condoned.2. This case does not warrant interference for the reason that, admittedly, the petitioner was charged for an offence under Section...302 read with Section 34 IPC for his involvement in a crime committed on 1-10-1986. The Sessions Judge had convicted the petitioner under Section 302 read with Section 34 IPC and sentenced him to...
...imprisonment for life. After undergoing the term of imprisonment he was released. After the release he lived with his cousin(?) Hukam Singh PW 5 for about six months. Hukam Singh's wife and son objected to...Section 354 of the CrPC, 1973 deal with the imposition of death sentence. Section 302 IPC provides:“Whoever commits murder shall be punished with death, or imprisonment for life, and...:“When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment ...