Supreme Court · 1975 INSC 263 · Decided 10 October 1975
Harnam v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 1975 INSC 263 · [1976] 2 S.C.R. 274
- Case number
- CRIMINAL APPEAL No. 227/1974
- Decided
- 10 October 1975
- Bench
- P.N. BHAGWATI, R.S. SARKARIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; CrPC Section 354(3), 367(5)
Headnote
Penal Code-Murder-Sentence to be imposed-Life imprisonme1•~ Capital. punishment-When could be imposed. The legislative history in regard to the subject of ·~apital punishment shows tha.t there has been a significant change in thinking and approach since India became free. Prior to the sentence of death on a person convicted for murder and if a lesser sentence was to be imposed, the Court was required to record reasons in writing. But by Act 26 of 1955, this provision in s. 367 (5) was omitted with the result that the Court became free to award either death sentence or life
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