[2019] Death Penalty- Confirmations, Commutations & Acquittals By Supreme Court
This year, India voted against a motion which sought prohibition of death penalty as a mode of punishment at the 42nd Session of the United Nations Human Rights Council. The death penalty confirmations by the Supreme Court is more compared to recent years. It confirmed the death sentence in five cases. Nirbhaya Case : SC Dismisses The Last Review Plea Against Death PenaltyAkshay Kumar Singh...
This year, India voted against a motion which sought prohibition of death penalty as a mode of punishment at the 42nd Session of the United Nations Human Rights Council. The death penalty confirmations by the Supreme Court is more compared to recent years. It confirmed the death sentence in five cases.
Nirbhaya Case : SC Dismisses The Last Review Plea Against Death Penalty
The Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna on Wednesday dismissed the last pending review petition in the Nirbhaya gang rape-murder case, which was filed by Akshay Kumar Singh, one of the four convicts awaiting execution of death sentence.
Rape-death of minor girl : Death penalty upheld with 2 : 1 majority
The Supreme Court (2:1) upheld the death sentence awarded to a man involved in gang rape of a ten year old girl and thereafter murdering her and her brother. The appeal filed by Manoharan against the High Court judgment was heard by a three judge bench comprising of Justice Rohinton Fali Nariman, Justice Surya Kant and Justice Sanjeev Khanna. However, Justice Sanjiv Khanna dissented with the confirmation of death sentence and opined that the case does not fall under the category of 'rarest of rare' case, but would fall within the special category of cases where the appellant should be directed to suffer sentence for life i.e. till his natural death, without remission/commutation.
Later, in August 2019, the bench dismissed the review petition filed by Manoharan. Among other things, it held that dissent by one judge not a bar for upholding death penalty: sc rejects review petition of death convict.
SC Confirms By 2:1 Majority Death Penalty For Rape-Murder Of Infant; Justice Reddy Dissents
The Supreme Court confirmed by 2:1 majority death penalty to a man found guilty for murder and rape of a two year old girl. While the majority comprising Justices R F Nariman and Surya Kant upheld the death penalty confirmed by the Bombay High Court in the case, Justice Subhash Reddy dissented.
SC Affirms Death Penalty To 'Tantric' Couple Who Killed Infant For Human Sacrifice
Ishwari Lal Yadav V. State of Chhattisgarh
The Supreme Court affirmed the death sentence awarded to a 'tantric' couple accused of murdering a boy, by performing the ritual of human sacrifice. The bench of Justice Rohinton Fali Nariman, Justice R. Subhash Reddy and Justice Surya Kant, after examining the evidence on record, unanimously held that the instant case is a case of "rarest of rare cases" where death sentence" can be imposed.
SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons
Khushwinder Singh V. State of Punjab
The Supreme Court, after a long gap and a series of commutations, confirmed a death sentence in a judgment. Ironically, this judgment has been delivered on the same day when the same bench, in another case, acquitted six 'death convicts' who were sentenced to death by the Apex Court in 2009. The bench comprising Justice AK Sikri, Justice Abdul Nazeer and Justice MR Shah upheld the death penalty imposed on Khushwinder Singh, convicted of murdering six persons belonging to a family, out of which two were minors – below 10 years of age
Death Penalty Cases: Commutations & Acquittals
He May Be a Reformed Person Already: SC Commutes Death Sentence To Pune Driver Who Killed 9 By His Murderous 'Joy Ride'
Santosh Maruti Mane v. State of Maharashtra
The Supreme Court commuted death penalty awarded to a bus driver whose murderous 'joy ride' had resulted in death of nine persons in the year 2012. The bench comprising of Justice AK Sikri, Justice S Abdul Nazeer and Justice MR Shah observed that though the defence of insanity is not established in this case, the accused was under mental strain and stress which resulted in the tragedy.
Rape And Murder Of 8-Yr-Old Girl: SC Commutes Death Sentence To 25 Yrs Imprisonment Without Remission
Nand Kishore v. State of Madhya Pradesh
The Supreme Court on Friday commuted to life imprisonment the death sentence, as confirmed by the Madhya Pradesh High Court, of a convicted for the rape and murder of an 8-year-old girl. The bench of Justices SA Bobde, L Nageswara Rao and R Subhash Reddy noted that the appellant was chargesheeted under Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012, in addition to the offences under Sections 302, 363, 366 and 376(2)(i) of the IPC.
Post Conviction Mental Illness Is A Mitigating Factor To Commute Death Sentence
Accused X vs. State of Maharashtra
The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee commuted death penalty of a person convicted of rape and murder of two minor girls. It held that post conviction mental illness will be a mitigating factor while considering appeals of death convicts
When Second Conviction For Murder Would Warrant Imposition Of Death Sentence?
Yogendra @ Jogendra Singh vs. State of Madhya Pradesh
The bench headed by Justice Bobde commuted death sentence awarded to a man convicted for murder of a women by pouring acid on her. The court observed that a second conviction for murder would warrant the imposition of a death sentence only if there is a pattern discernible across both the cases.
Death Sentence Only When Alternative Option Is Unquestionably Foreclosed
Raju Jagdish Paswan v. State of Maharashtra
The Supreme Court commuted death penalty of a man accused of rape and murder of a 9-year-old girl and sentenced him to 30 years of imprisonment without remission. The bench comprising Justice SA Bobde, Justice L Nageswara Rao and Justice R Subhash Reddy observed that even though the murder involves exceptional depravity and the manner of commission of the crime is extremely brutal, a death sentence can be imposed only when the alternative option is unquestionably foreclosed. The bench also directed the states to consider implementing the reformative and rehabilitation programmes contained in the Model Prison Manual of 2016.
Acquitted 3, Commuted Death Penalty of One
Basavaraj v. State of Karnataka
The Supreme Court on Wednesday acquitted three murder accused whose death penalty was confirmed by the high court. The three-judge bench comprising CJI Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna commuted death penalty awarded to one accused to life imprisonment.
We Feel Somewhat Reluctant In Endorsing The Death Sentence: SC Commutes Death Penalty Awarded To 'Tutor'
Parsuram V. State of Madhya Pradesh
The Supreme Court, on Tuesday, commuted the death sentence awarded to a 'tutor' convicted of rape and murder of a seven year old girl, and sentenced him to undergo imprisonment of 30 years (without any remission).
Inordinate & Unexplained Delay In Deciding Mercy Petition: SC Commutes Death Sentence
Jagdish V. State of Madhya Pradesh
The Supreme Court commuted death sentence awarded to a man convicted for murder of his wife and five children, mainly on the ground of inordinate and unexplained delay in deciding the mercy petition.
HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration
Pappu@ chandra Kumar V. State of Uttar Pradesh
The Supreme Court set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh consideration on merits.
Rape & Murder Of 7.5 Year Old: SC Commutes Death Sentence
Vijay Raikwar V. State of Madhya Pradesh
The Supreme Court commuted the death sentence awarded to a man convicted for rape and murder of 7 1/2 year old girl. Three Judge Bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, upheld the conviction, but observed that, though the crime can be said to be brutal, but does not warrant death sentence.
SC Finally Corrects The Error: Acquits Six Persons Sentenced To Death By A 2009 Judgment
Ankush Maruti Shinde V. State of Maharashtra
The Supreme Court acquitted three persons who were sentenced to death by it in 2009, and also three others whose death penalty was confirmed by it. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, also ordered the State of Maharashtra to pay Rupees 5 Lakh as damages to each of them.
SC Acquits Two Men Sentenced To Death By Chhattisgarh HC
Digamber Vaishnav V. State of Chhattisgarh
In yet another judgment the Supreme Court acquitted two men whose death sentence was confirmed by the Chhattisgarh High Court. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, acquitted DigamberVaishnav and Girdhar iVaishnav who were accused of robbery and murder of five women.
Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment
Sachin Kumar Singhraha V. State of Madhya Pradesh
While commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, the Supreme Court observed that death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee sentenced Sachin Kumar Singhraha to undergo a sentence of 25 years' imprisonment (without remission).
SC Sets Aside Death Sentence In A 13 Day Trial, Says 'Fast Tracking Must Not Result In Burial Of Justice'
The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari issued these guidelines while setting aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days. The Court found that, in this case, the Amicus Curiae did not get the sufficient time to go through even the basic documents, nor the advantage of any discussion or interaction with the accused, and time to reflect over the matter. It observed that expeditious disposal of criminal cases must never result in burying the cause of justice. It then directed the Trial Court to de novo consider the case.