Supreme Court · 2002 INSC 466 · Decided 12 November 2002
Subhash Ramkumar Bind @ Vakil and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2002 INSC 466 · [2002] SUPP. 4 S.C.R. 65
- Case number
- CRIMINAL APPEAL No. 1818/2002
- Decided
- 12 November 2002
- Bench
- U.C. BANERJEE, B.N. AGRAWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 27(3); CrPC Section 354(3); Arms Act Section 27(3)
Headnote
Arms Act, 1959-Section 27(3)-Arms Rules, 1962-Rule 3-Conviction under by Courts belou'--Death sentence-Murder caused by 9nun pistol and A B 38 caliber revolver-On appeal-~Held, conviction cannot be sustained-Arn1s C in question 1vere not the prohibited arn1s under the Act. Penal Code, 1860-Section conviction justified but in the facts of the case punishn1ent a1varded is in excess of the requiren1ent of the situation­ Brutality in the instant case is not of such a nature so as to exercise discretion D by passing an order of capital punishn1ent-Brutality itself l11ould not bring the
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