Supreme Court · 2023 INSC 306 · Decided 28 March 2023
Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2023 INSC 306 · [2023] 4 S.C.R. 669
- Case number
- CRIMINAL APPEAL No. 942/2023
- Decided
- 28 March 2023
- Bench
- ABHAY S. OKA, RAJESH BINDAL (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 366, 376, 302, 53; CrPC Section 433A; Constitution
Headnote
Penal Code, 1860 - ss.366, 376 and 302 - Power to impose modified punishment - Appellant convicted u/ss. 366, 376 and 302 IPC - Trial Court sentenced the appellant to undergo rigorous imprisonment for the rest of his life - High Court dismissed the appeal preferred by - In appeal before the Supreme Court, appellant contended that in view of the law laid down by the Constitutional Bench in the case of Union of India v. V. Sriharan alias Murugan & Ors., a modified sentence can be imposed only by the Constitutional Courts and not by the Sessions
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