Supreme Court · 2012 INSC 391 · Decided 12 September 2012
Kunal Majumdar v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2012 INSC 391 · [2012] 8 S.C.R. 706
- Case number
- CRIMINAL APPEAL No. 407/2008
- Decided
- 12 September 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 3761511, 376, 511; CrPC Section 366(1), 367, 371, 367to371, 368to370, 392, 366
Headnote
Code of Criminal Procedure, 1973 - s. 366(1) - Death C reference - Manner in which to be dealt with - Held: High Court is bound to examine the death reference with particular reference to ss. 367 and 371 Cr.P.C. - High Court cannot short-circuit the process of reference by merely relying upon the counsel for the convict or that D of the State - In the instant case, the High Court dealt with the reference in a very casual and callous manner and did not exercise its jurisdiction vested in it u/s. 36fi(1) - Matter remitted to High Court to decide the reference in the manner it ought to
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