Supreme Court · 1953 INSC 29 · Decided 30 March 1953

Poppatlal Shah v. The State of Madras

Court
Supreme Court of India
Citation
1953 INSC 29 · [1953] 1 S.C.R. 677
Case number
CRIMINAL APPEAL No. 92/1952
Decided
30 March 1953
Bench
M. PATANJALI SASTRI, BIJAN KUMAR MUKHERJEA, VIVIAN BOSE, GHULAM HASAN, NATWARLAL HARILAL BHAGWATI (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Constitution Article 132(1), 134(1)(c)

Headnote

COURT REPOR'I'S 677 this right iu favour of commuting the death sentence to a sentence for life. The denial of this right in the Hegulatiou is discriminatory ou the face of it aud deprives the petitioner of a valuable right. I concede, however, that this objectionable feature of the Regu­ appea,J is allowed, or the sentence is reduced, uo question of the confirm­ ation of the death sentence by the Nizam will arise. If, however, the appeal is dismissed, it will be open to the petitioner to claim this right. It would not be desirable at this stage to express au opinion whether

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