AIR 1991 SUPREME COURT 2147 ::1991 AIR SCW 2558 ::1991 CriAppR(SC) 378 ::(1992) 1 MahLR 1 ::1991 SCC(Cri) 972 ::1991 (4) SCC 375 ::(1991) 3 RecCriR 698 ::1992 (1) BLJR 222 ::1992 (1) ChandCriC 74 ::(1992) EastCriC 1 ::(1992) 1 SCJ 123 ::(1992) SC Cr R 437 ::1991 (6) JT 141

Supreme Court Of India

Hon'ble Judge(s): S. Ratnavel Pandian, K. Ramaswamy, K. Jayachandra Reddy , JJJ

Penal Code (45 of 1860) , S.302— Death sentence - Commutation - Delay in disposal of mercy petition - Petition rejected by High Court on wrong factual basis that first mercy petition of condemned prisoner had been dismissed and so delay in disposal of 2nd mercy petition was inconsequential - Delay in fact was in disposal of first mercy petition itself - Held, justice demands modification of the sentence of death into one of life imprisonment. Constitution of India , Art.72, Art.21— (Para 7 8)