Navneet Kaur V/s State of N.C.T. of Delhi

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2014-03-31
Case No: 88 OF 2013
Case Type: Curative Petition
Judge Name: P. Sathasivam, R.M. Lodha, H.L. Dattu & Sudhansu Jyoti Mukhopadhaya
Subject: Criminal Law -Capital Punishment-Review Petition
Statutes / Acts: Code of Criminal Procedure, 1973 & TADA Act
Bench Strength: Bench with Chief Justice
State of Appellant(s): Punjab
History of Case No: Curative Petition against the dismissal of Review Petition (Criminal) No.435 of 2013 in Writ Petition (Criminal) No. 146 of 2011 on 13.08.2013,
Case Note / Description :

The three-Judge Bench in Shatrughan Chauhan (supra) held that insanity/mental illness/schizophrenia is also one of the supervening circumstances for commutation of death sentence to life imprisonment. By applying the principle enunciated in Shatrughan Chauhan (supra), the accused cannot be executed with the said health condition. In the light of the above discussion and also in view of the ratio laid down in Shatrughan Chauhan (supra), we deem it fit to commute the death sentence imposed on Devender Pal Singh Bhullar into life imprisonment both on the ground of unexplained/inordinate delay of 8 years in disposal of mercy petition and on the ground of insanity. To this extent, the Curative Petition stands allowed.

 
 
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