Supreme Court · 2013 INSC 601 · Decided 10 September 2013
Sunil Damodar Gaikwad v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2013 INSC 601 · [2013] 9 S.C.R. 295
- Case number
- CRIMINAL APPEAL No. 165/2011
- Decided
- 10 September 2013
- Bench
- S. J. MUKHOPADHAYA, KURIAN JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307; CrPC Section 354(3), 367(5), 313; Constitution
Headnote
PENAL CODE, 1860: ss. 302 and 307 - Accused causing death of his wife and A B c 2 sons and attempting to cause death of his daughter - Sentenced to death by counts below u/s. 302 and life imprisonment u/s. 307 - Held: Apart from drawing a 'balance sheet' of mitigating and aggravating such as poverty are also factors that are to be considered by courts while awarding a sentence -- In the instant case, it has come in evidence that accused suffered from economic andi psychic compulsions - He had no prior criminal record -- He had, in fact, intended to wipe out the whole
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