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Judgment Search Results Home > Cases Phrase: capital punishment Page 1 of about 10,350 results (0.037 seconds)

Aug 16 1982 (SC)

Bachan Singh, Sher Singh and anr. and Ujagar Singh and anr. Vs. State ...

Court : Supreme Court of India

Reported in : AIR1982SC1325

..... of death penalty. the evans case in england in which an innocent man was hanged in 1949 played a large role in the abolition of capital punishment in that country. belgium also abjured capital punishment on account of one such judicial error and so did wisconsin,, rhode island and maine in the united states of america.23. howsoever careful may ..... recently abolishing the death penalty and neighbouring retention states during the 1960's reached the same results. michigan was the first state in the united states to abolish capital punishment and comparisons between michigan and the bordering retention states of ohio and indiana-states with comparable demographic characteristics-did not show any significant differences in homicide rates. ..... from the general trend and reintroduction should produce a decline. after examining statistics from 11 states, professor sellin concluded that 'there is no evidence that the abolition of capital punishment generally causes, an increase in criminal homicides, or that its reintroduction is followed by a decline. the explanation of changes in homicide rates must be sought elsewhere.'47 ..... . some criminologists have also examined the short term deterrent effects of capital punishment. one study compared the number of homicides during short periods before and after several well-publicized executions during the twenties and thirties in philadelphia. it was found .....

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Feb 09 1979 (SC)

Rajendra Prasad Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

..... be arbitrily meted out. mr. justice powell dissented by establishing that the constitutionality of the death penalty is supported by four factors, viz., (i) the references to capital punishment in the constitution, (ii) the past supreme court decisions on the death penalty, (iii) the limitation of judicial restraint, and (iv) the doctrine of separation of ..... whose "basic concept is nothing less than the dignity of man" guarantees "the principle of civilised treatment." there began concerted legal attacks on the constitutionality of capital punishment in the 1960s, stimulated in part by the fact that those receiving death sentences were disproportionately blacks. the issue as to the constitutionality of the death penalty ..... to this book first appeared the phrase "the greatest happiness of the greatest number". it advocated the prevention of crime rather than punishment, and promptness in punishment, where punishment was inevitable; above all it condemned confiscation, capital punishment, and torture. beccaria's ideas directly influenced the reforming activities of many social thinkers and philosophers. this represented a school of ..... without escalation of murderous crime. attempts to get round the murder (abolition of death penalty) act, 1965 have failed in parliament and as barbara wooton says, 'capital punishment thus appeared to be itself sentenced to death' for murder. to quote the royal commission's recommendation for retention after parliament has abolished death penalty is only of .....

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Oct 03 1972 (SC)

Jagmohan Singh Vs. the State of U.P.

Court : Supreme Court of India

Reported in : AIR1973SC947; 1973CriLJ370; (1973)1SCC20; [1973]2SCR541

..... by re-defining murder or, by dividing murder into degrees. in para 535 of the report it pointed out that 'the general liability under the existing law to suffer capital punishment for murder cannot be satisfactorily limited by such means (i.e. re-defining murder or dividing murder into degrees) because no legal definition can cover all the multifarious ..... as requiring the final abolition of capital punishment. mr. justice stewart and mr. justice white merely concluded that the death sentence before them must be set aside because prevailing sentencing practices did not comply with the eighth ..... justice dougla-. mr. justice stewart and mr. justice white who formed the majority along with brennan and marshall, jj. did not take the view that the eighth amendment prohibited capital punishment for all crimes and under all circumstances. mr. justice douglas indeed held, that the death penalty contravened the eighth amendment. but his judgment is not capable of being read ..... section 302-ipc is vitiated by the vice of excessive delegation of essential legislative function. thirdly, he contended, the uncontrolled and unguided discretion in the judges to impose capital punishment or imprisonment for life is hit by article 14 of the constitution because two persons found guilty of murder on similar facts are liable to be treated differently one forfeiting .....

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May 13 2009 (SC)

Santosh Kumar Satishbhushan Bariyar Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)

..... to determine specific, deserved sentences in particular cases. the reason as to why questions of justice play such an important part in the distribution of capital punishment, lies in the special nature of capital punishment itself. distributive justice is a relative notion: one can never determine whether one has received one's fair share except by comparison with that ..... 155. during the sentencing process, the sentencing court or the appellate court for that matter, has to reach to a finding of a rational and objective connection between capital punishment and the purpose for which it is prescribed. in sentencing terms, 'special reasons' as envisaged under section 354(3) code of criminal procedure have to satisfy the comparative ..... was held constitutional. this affirmative response to constitutionality of death penalty presented another complicated challenge which related to administration of death penalty or in other words, sentencing of capital punishment. this has been universally considered as a vexed question of law and practice and has not been satisfactorily dealt with in any jurisdiction so far.126. it ..... mandate as to a full fledged bifurcated hearing and recording of 'special reasons' if the court inclines to award death penalty. in the specific backdrop of sentencing in capital punishment, and that the matter attracts constitutional prescription in full force, it is incumbent on the sentencing court to oversee comprehensive compliance to both the provisions. a scrupulous .....

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Feb 22 1979 (SC)

Bishnu Deo Shaw Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1979SC964; 1979CriLJ841; (1979)3SCC714; [1979]3SCR355

..... the penalty of death has deterrent effect on potential murderers but whether it deters more effectively than other penalties say, a sentence of imprisonment for a long term? is capital punishment the most desirable and the most effective instrument for protecting the community from violent crime? what is the evidence that it has a uniquely deterrent force compared with the ..... other countries tend to disprove the assumption of the uniquely deterrent effect of the death penalty, and that in deciding on the question of reintroduction or abolition of the capital punishment reintroduction cannot be justified on the argument that it is a more effective deterrent to potential killers than the alternative of protracted imprisonment'. it is a tragic irony that ..... 'have-nots' in every society always have been subject to greater pressure to commit crimes and to fewer constraints than their more affluent fellow citizens. so, the burden of capital punishment falls more frequently upon the ignorant, the impoverished and the underprivi-ledged. in the words of marshall, j., 'their impotence leaves them victims of a sanction that the welthier ..... hereditary peers of england, united in their determination to use their medieval powers to retain a medieval institution' , and the bill was torpedoed by the house of lords. capital punishment was however abolished in great britain in 1966.20. there is finally the question whether the death penalty conforms to the current standards of 'decency'. can there be any .....

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Feb 07 1989 (SC)

Triveniben Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1989SC1335; 1990CriLJ1810; (1989)1GLR622; JT1989(1)SC314; 1989(1)SCALE301; (1989)1SCC678; [1989]1SCR509

..... even as an alternate sentence for murder is uncalled for and unnecessary. .there is nothing in our constitution to preclude them from deleting that alternate sentence. the crusade against capital punishment may, therefore, go on elsewhere and not in this court.54. let me now turn to the pivotal question which i have referred at the beginning of the judgment. ..... submissions. mr. r.k. jain, learned counsel who led the arguments on behalf of the petitioners referred to us in detail the consideration of justice, morality and usefulness of capital punishment. the counsel also referred to us the opinion expressed by eminent persons like shri arvindo (tales of prison life) with regard to torment in the prison life. he also ..... under article 72 or 161 are received by the authorities concerned it is expected that these petitions shall be disposed of expeditiously,19. it was also contended that when capital punishment is awarded the sentence awarded is only sentence of death but not sentence of death plus imprisonment and therefore if a condemned prisoner has to live in jail for ..... abolitionists to the contrary, a very large segment of people the world over, including sociologists, legislators, jurists, judges and administrators still firmly believe in the worth and necessity of capital punishment for the protection of society, if in the perspective of prevailing crime conditions in india, contemporary public opinion canalised through the people's representatives in parliament, has repeatedly in .....

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Feb 28 2001 (HC)

State of M.P. Vs. Bhim Mohd.

Court : Chhattisgarh

Reported in : 2002CriLJ1906; 2001(2)MPHT23(CG)

..... sentence is the general rule and only special reasons, that to say, special facts and circumstances in a given case would warrant passing of the capital punishment. in the matter of bachhan singh, air 1980 sc 898, the supreme court has laid down the guidelines to be applied to the facts of ..... accused, but before a man is hanged or is convicted, the foundation must be very strong so that it can bear the weight of the capital punishment.47. the conduct of the accused, in getting certain facts and articles discovered would always be material, but if no material fact is discovered ..... guilt. he also submits that the manner in which the accused committed murder of his own mother and tried to dispose of the body, capital punishment i.e., the extreme penalty was just and proper.12. we have heard the parties at length and have gone through the complete records.13 ..... general for the state.10. learned counsel for the appellant submits that the court below inits zeal to convict the appellant and to award him the capital punishment has not only ignored the material pieces of the evidence, but has even ignored the basic principles of law. according to them, the facts which ..... in sessions trial no. 64/2000, vide its judgment dated 29-9-2000, finding the accused guilty under section 302, ipc has awarded extreme penalty/capital punishment. the accused being aggrieved by the judgment and sentences awarded to him has filed criminal appeal no. 2653/2000 challenging the correctness, propriety and validity of .....

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Dec 17 1999 (SC)

Kishori Vs. State (Nct) of Delhi

Court : Supreme Court of India

Reported in : AIR2000SC562; 1999(1)ALD(Cri)85; 2000(1)ALD(Cri)426; 2000(1)ALT(Cri)132; 2000CriLJ756; JT1999(10)SC275; 2000(1)SCALE1; (2000)2SCC83; [1999]Supp5SCR494

..... will not be less that of homicide amounting to murder. but what we are weighing now is whether such culpability is of such a nature which should result in capital punishment to the accused.it is no doubt true that the high ideals of the constitution have to be borne in mind, but when normal life breaks down and groups ..... 1994crilj3071 . this court made the following observations:the law is well settled by reason of the decisions of this court as to the circumstances in which capital punishment can be imposed. it is held therein that capital punishment can be imposed in the rarest of the rare cases and if there are any aggravating circumstances such as the accused having any criminal record in ..... court took the view that on totality of circumstances that was not a case where the courts below should have imposed capital punishment; this court reduced the sentence from capital punishment to life imprisonment. considering the question as to the circumstances in which capital punishment can be imposed this court took note of the decisions w-macchi singh v. state of punjab : 1983crilj1457 ; ajmer ..... circumstances, we are of the opinion that this is not a case which can be called 'a rarest of rare cases' which warrants imposition of maximum punishment of capital sentence. therefore, while confirming the conviction of the appellant on the charges framed against him we reduce the sentence from capital punishment to the life imprisonment. with this modification the appeal stands dismissed. .....

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Nov 19 2003 (HC)

State of Gujarat Vs. Surendrapal Shivabalakpal

Court : Gujarat

Reported in : (2004)3GLR628

..... it's population, and the need for maintaining law and order at the present juncture, india cannot risk the experiment of abolishment of capital punishment.capital punishment may not assure to stop grievous offences but it can surely refrain one from contemplating them and more so make it tough for the offenders ..... crime.it is said that just as one cannot permit that which is prohibited, similarly, one cannot prohibit that which should be permitted and capital punishment cannot be prohibited as it is rightly permittedcoming to the facts of this case, which is narrated hereinabove in extensio, it is clear that ..... a much purposeful and a much greater pity towards those who have been wronged by the criminal.a question arises, if not capital punishment then what solitary confinement that would be a living death | the other alternative is life-imprisonment. could a life termer on one hand ..... children were ruthlessly kidnapped, tortured continuously, and finally murdered in the most gruesome manner. in such a case one can think of nothing but capital punishment. and if we think otherwise then it would become a mockery of justice. one may be inclined to pity a criminal, but there lies ..... specific sections of the indian penal code, is not unconstitutional as per article 21 of the constitution and definitely is a decent form of capital punishment.reformative theory talks about re-educating and re-moulding a criminal. but according to salmond, there are in the world men who are incurably .....

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Feb 04 2003 (HC)

The State of Maharashtra Vs. Amit @ Ammu Son of Gajanan Gandhi

Court : Mumbai

Reported in : 2003(2)ALD(Cri)56; 2003BomCR(Cri)1242; (2003)105BOMLR7

..... v. state of punjab : 1983crilj1457 . it is further contended that while imposing capital punishment even as per the parameters provided in the judgments of bachensingh : 1980crilj636 and machi singh : 1983crilj1457 , a balance sheet of aggravating and mitigating circumstances has to be drawn and after ..... of rape and murder of a tender girl is a case which falls in the rarest of the rare category and, therefore, the trial court was justified in imposing the capital punishment. in order to support the contention, reliance is placed on the judgments of the supreme court in kamla tiwari v. state of m.p. : 1996crilj4158 and machi singh ..... of these factors, the case in hand undoubtedly comes within the category of rarest of the rare cases and calls for capital punishment,119. lastly, while considering the reference made by the additional sessions judge for confirmation of the capital punishment as well as appeal of the accused, the appellate court should keep in mind certain parameters if it wants to interfere ..... and within the framework of these parameters we need to decide whether the offence committed by the accused is that of rarest of the rare kind, which calls for extreme punishment.84. while swinging the pendulum of sentencing justice an overwhelm of subjective considerations, modern penal theories, behavioural emphasis or social antecedents 'judicial hubris or human rights perspectives,criminological .....

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