Supreme Court · 2006 INSC 18 · Decided 10 January 2006
Union of India and ORS. v. Devendra Nath Rai
- Court
- Supreme Court of India
- Citation
- 2006 INSC 18 · [2006] 1 S.C.R. 295
- Case number
- CIVIL APPEAL No. 206/2003
- Decided
- 10 January 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
B Criminal Law: Sentencing-Court Martial awarding death penalty to accused for having caused homicidal death of two army personnel and attempting to murder two C others-High Court holding /he conviclion as well meriled bul remilting the matter lo authorilies concerned lo pass a fresh order as of rares/ of rare cases­ Held, to consider the queslion of exlreme penalty of death senlence, aggravaling and miligating circwnslances have to be weighed-High Courl did no/ attempl D !hat exercise-The direc/ion of High Courl is conlrary lo lhe principles se/ out by Supreme Court-High Courl
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