Mohan Anna Chavan V/s State of Maharashtra

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2008-05-16
Case No: 680 OF 2007
Case Type: Appeal (Criminal)
Judge Name: Arijit Pasayat P. Sathasivam & Mukundakam Sharma
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code, 1860
Bench Strength: Double Bench
Equal Citation Details :

2008(8) SCR1072,2008 (7) SCC561 ,2008 (9) SCALE474, 2008(7) JT51

Case Note / Description :

An overall global view of all the circumstances in the light of the aforesaid propositions and taking into account the answers to the questions posed by way of the test for the rarest of rare cases, the circumstances 38of the case are such that death sentence is warranted, the court would proceed to do so. What is culled out from the decisions noted above is that while deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up.  This position is highlighted in Union of India & Ors. v. Devendra Nath Rai [ 2006 (2) SCC 243].  The case at hand falls in the rarest of rare category. The past instances highlighted above, the depraved acts of the accused call for only one sentence that is death sentence. Looked at from any angle the judgment of the High Court, confirming the conviction and sentence imposed by the trial court, do not warrant any interference. 

 
 
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