Supreme Court · 2019 INSC 196 · Decided 14 February 2019
MD Mannan @ Abdul Mannan v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2019 INSC 196 · [2019] 8 S.C.R. 266
- Case number
- CRIMINAL APPEAL No. 379/2009
- Decided
- 14 February 2019
- Bench
- N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, INDIRA BANERJEE (3-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 302; CrPC Section 235(2), 354(3); Constitution
Headnote
Code of Criminal Procedure, 1973: s.235(2) - Hearing on question of sentence - Death sentence - Right of a convict - Held: Opportunity should be given to a convict to bring for reduction of the sentence and a balance should be struck between the aggravating and the mitigating circumstance - In the instant case, the petitioner did not get the benefit of competent legal assistance - Trial Court also did not make any attempt to elicit materials
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