Supreme Court · 2003 INSC 574 · Decided 29 October 2003
Prem Sagar v. Dharambir and Ors .
- Court
- Supreme Court of India
- Citation
- 2003 INSC 574 · [2003] SUPP. 4 S.C.R. 1037
- Case number
- CRIMINAL APPEAL No. 243/2003
- Decided
- 29 October 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 366
Headnote
B Penal Code, 1860 : Section-302-Murder-Death sentence-Imposition of-Principles­ Held : Brutality in inbuilt in every murder but in case of every murder, C death sentence is not imposed-Life imprisonment is the rule and death sentence is the exception-The latter is imposed in rarest of rare ror the murder of three persons. D The first two appellants were awarded the death sentence by the trial court while the third appellant was sentenced to undergo imprisonment for life. In appeal, the High Court commuted the death sentence to life sentence in the case of the first two
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