Supreme Court of India

Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka

Neutral citation

Reported as [2007] 7 S.C.R. 616

Bench S.B. Sinha and Markandey Kat Ju JJ.

Decided 18 May 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Courts have no power to impose Jeath sentence merely because the death D sentence has been abolished in some foreign countries in Europe or because there is a demand in the international fora that death sentence should be abolished, we w.ill be really amending the Constitution by a judicial verdict.

Judgment, page 45

From the headnote

Penal Code, 1860-ss. 302 and 201-Murder of wife-Circumstantial evidence-Conviction and death sentence by Court beloW-:Jn appeal-HELD Per Sinha J : Conviction justified-On facts there is one weak link in the hypoihesis that the murder was meticulously planned-Taking an overall view death sentence altered to life imprisonment-Per Katju, J. : Jn view of difference of opinion, matter referred to larger Bench-Evidence Act, 1872- s, 27-Code of Criminal Procedure, 1973-s. 235 (2)-Sentencing-Death sentence-Principle of Proportionality. The appellant-accused was prosecuted for murder of his wife.

Authorities it was built on

1973 Shivaji Sahebrao Bobade & Anr v. State of Maharashtra cited by 159
2006 Trimukh Maroti Kirkan v. State of Maharashtra cited by 45
2003 State of Rajasthan v. Kheraj Ram cited by 12
2007 Raj Kumar Prasad Tamarkar v. State of Bihar and Anr. cited by 10
2005 Holiram Bordoloi v. State of Assam cited by 7
2006 Bablu @ Mubarik Hussain v. State of Rajasthan cited by 6

Where later benches applied it

2019 Sudam @ Rahul Kaniram Jadhav v. The State of Maharashtra relied on
2019 Pattu Rajan v. The State of Tamil Nadu relied on
2017 State of Maharashtra v. Nisar Ramzan Sayyed relied on
2019 Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore referred to
2018 Rajendra Pralhadrao Wasnik v. State of Maharashtra referred to
2018 Jitendra @ Kalla v. State of Govt. of Nct of Delhi referred to
2015 Kiriti Pal v. State of West Bengal referred to
2014 Anil @ Anthony Arikswamy Joseph v. State of Maharashtra referred to
2013 Shankar Kisanrao Khade v. State of Maharashtra referred to

Of those, 3 relied on · 6 referred to

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