Bhaikon@ Bakul Borah vs. State of Assam, Criminal Appeal No. 194 of 2008 (Decided on
May 3, 2013)
The
Hon’ble Supreme Court observed:
“This Court, in a series
of decisions has held that life imprisonment means imprisonment for whole of
life subject to the remission power granted under Articles 72 and 161 of the
Constitution of India”. [Para 15]
In
this respect the court noted following case laws:
Life Convict @ Khoka Prasanta Sen vs. B.K. Srivastava &
Ors. (2013) 3 SCC 425,
Mohinder Singh vs. State of Punjab, (2013) 3 SCC 294,
Sangeet and Anr. vs. State of Haryana (2013) 2 SCC 452,
Rameshbhai Chandubhai Rathod (2) vs. State of Gujarat (2011) 2
SCC 764,
Chhote Lal vs. State of Madhya Pradesh (2011) 8 SCR 239,
Mulla and Another vs. State of Uttar Pradesh (2010) 3 SCC 508,
Maru Ram vs. Union of India & Ors. (1981) 1 SCC 107,
State of Madhya Pradesh vs. Ratan Singh & Others (1976) 3
SCC 470
Gopal Vinayak Godse vs. State of Maharashtra AIR 1961 SC 600].
The
court also observed:
“It is also relevant to point out that when death sentence is
commuted to imprisonment for life by the Appellate Court, the concerned
Government is permitted to exercise its executive power of remission
cautiously, taking note of the gravity of the offence. [Para 15]
The
court noted following case laws in this respect:
Swami Shraddananda (2) @ Murli Manohar Mishra vs. State of
Karnataka (2008) 13 SCC 767
Sahib Hussain @ Sahib Jan vs. State of Rajasthan 2013 (6)
Scale 219.
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