Supreme Court · 2018 INSC 263 · Decided 26 March 2018
Bharatkumar Rameshchandra Barot v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2018 INSC 263 · [2018] 3 S.C.R. 689
- Case number
- CRIMINAL APPEAL No. 448/2018
- Decided
- 26 March 2018
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 377, 377(3)
Headnote
Code of Criminal Procedure, 1973: s.377 - Session Court awarded to the appellant 10 years rigorous imprisonment for offence under s.302 IPC - On State's appeal under s.377, High Court enhanced the sentence from 10 years to life imprisonment - On appeal, held: Once the of the offence of the murder punishable under s.302 IPC, the only punishment that can be awarded in law is either the "death penalty" or "imprisonment for life" and the "fine" - s.302 IPC, in clear terms, provides that "whoever commits murder
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