Gurdev Singh & Anr. V/s State of Punjab , Piara Singh & Anr V/s State of Punjab

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2003-08-01
Case No: 392 of 2002 & 393 of 2002
Judge Name: K.G. Balakrishnan & B.N. Srikrishna
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Bench Strength: Double Bench
State of Appellant(s): Punjab
History of Case No: Order dated 20.08.2001 of the Punjab and Haryana High Court in M.R. No. 2/2001 and Crl. A. No. 109DB of 2001
Equal Citation Details :

 [2003]Supp2SCR80, 2003(2)UC1422, AIR2003SC4187, 2003(2)ALD(Cri)476, 2003(2)ALT(Cri)240, 2003CriLJ3764, 2003(6)SCALE25, (2003)7SCC258,

Case Note / Description :

Criminal Procedure Code, 1973--Section 235(2)--Adjournment against proposed sentence--No request for--Held--Sentence imposed was not vitiated for noncompliance with Section 235(2) of the Code. [Para 14]Indian Penal Code, 1860--Section 302 read with 149--Murder of 13 persons--Others seriously injured--Death sentence--Challenged--No evidence that the appellants were involved in any other criminal case--No direct evidence regarding motive except earlier confrontation--No direct evidence--But 13 persons killed on spot and eight seriously injured--One of them was 7 years old and three between 15 to 17--Held--Aggravating circumstances for outweigh the mitigating circumstances--Imprisonment for life not adequate sentence--Order of staying the execution of capital punishment is vacated. 

 
 
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