AIRAIR All India Reporter 1974 SC 678 : (1974) 4 SCCSCC Supreme Court Cases 91 : (1974) CriLJ SC 605
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(Before : D. G. Palekar, K. K. Mathew And S. N. Dwivedi, JJ.)
Criminal AppealCriminal Appeal Shankar Kerba Jadhav and others vs. The State of Maharashtra (AIR 1971 SC 840): "An appeal is a creature of a statute and the powers and jurisdiction of the appellate Court must be circumscribed by the words of the statute. At the same time a Court of appeal is a "Court of error" and its normal function is to correct the decision appealed from and its jurisdiction should be co-extensive with that of the trial Court. It cannot and ought not to do something which the trial Court was not competent to do. There does not seem to be any fetter to its power to do what the trial Court could do." No. 32 of 1974,
Decided on : 12-02-1974.
Penal Code, 1860—Section 302—Sentence—Death Sentence—Single stab wound caused by youth of 20 years—Background of hostile atmosphere—Sentence of death reduced to life imprisonment.
In this surcharged atmosphere it appeals the appellant who was an impressionable young man must have been emotionally affected and that is why he and his friend Saidullah, also a young lad, decided to murder him. Both of them waylaid the deceased in the evening and while Saidullah caught him from behind the appellant Mohd. aslam stabbed him with a knife in the chest. There was only one stab wound and that resulted in death. It appears to us that the appellant must have been influenced by the general atmosphere in the family which was hostile to the deceased, and having lost his head committed this crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor.. We think that the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. would have been well advised, having regard to the age of the appellant and also the circumstances of the crime, to have reduced the sentence to one of life imprisonment. Confirming the conviction under Section 302 we set aside the sentence of death imposed on the appellant and sentence him to life imprisonment.
JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)
Palekar, J—In this appeal which came before us by special leave we are concerned only with the sentence, since the special leave was limited to the question of sentence.
2. The present appellant Mohd. aslam s/o Faiyaz Hussain and a friend of his Saidullah were both convicted by the learned Sessions Judge of Pilibhit for offences under Section 302 and Section 302 r/w Section 34, I.P.C., and while the appellant Mohd. aslam was sentenced to death, Saidullah was sentenced to life imprisonment. Their appeal was dismissed by the High Court at Allahabad and the sentence of death passed on the appellant Mohd. aslam was confirmed.
3. So far as the conviction of the appellant is concerned we do not think there can be any objection to the same. The appellant’s conviction under Section 302, I.P.C. for the murder of his brother-in-law Manzoor Hussain was correct and we do not see any good ground for interference. The only question with which we propose to deal is the sentence imposed on him.
4. The appellant was hardly 19 or 20 years old when he committed the offence. The learned Sessions Judge duly noted that the appellant was young but was of the view that his “age would not come into consideration” and for that he thought “there was well-established law”. The High Court, in its turn, thought that there was no extenuating circumstances. It appears to us that both the courts have adopted a very mechanical approach. The deceased Manzoor Hussain had married the appellant’s sister IranIran It formerly known as Persia, transitioned to an Islamic republic in 1979 (theocratic system of government). This followed the overthrow of the ruling monarchy and the exile of Shah Mohammad Reza Pahlavi by Ayatollah Ruhollah Khomeini. Iran fought a bloody war with Iraq from 1980 to 1988. Political reform efforts faced resistance, and conservative control tightened in 2005 with the election of Mahmud AHMADI-NEJAD. Iran faces international sanctions related to terrorism, nuclear activities, and human rights abuses. President Ebrahim RAISI, elected in 2021, pursues closer ties with China and Russia amid ongoing protests and diplomatic challenges. Begum about 2 years prior to the offence. Within a year after the marriage, Manzoor Hussain left his wife. She apparently came and lived with her parents. The whole family, including the appellant, appears to have been very much exercised over this affair. But they must have thought that it would be possible some day for Iran Begum to go back to her husband. But four months before the offence, Manzoor Hussain made this impossible by marrying another girl. This led to criminal activities between both the families and complaints and cross-complaints were filed. A chapter case was also started. In this surcharged atmosphere it appears the appellant who was an impressionable young man must have been emotionally affected and that is why he and his friend Saidullah, also a young lad, decided to murder him. Both of them waylaid the deceased in the evening and while Saidullah caught him from behind the appellant Mohd. aslam Stabbed him with a knife in the chest. There was only one stab wound and that resulted in death. It appears to us that the appellant must have influenced by the general atmosphere in the family which was hostile to the deceased, and having lost his head committed this crime. We think that the High Court would have been well advised, having regard to the age of the appellant and also the circumstances of the crime, to have reduced the sentence to one of life imprisonment. Confirming the conviction under Section 302 we set aside the sentence of death imposed on the appellant and sentence him to life imprisonment.