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Supreme Court of India

Ankush Shivaji Gaikwad v. State of Maharashtra

Neutral citation
Reported as [2013] 8 S.C.R. 863
Bench T.S. Thakur and Gyan Sudha Misra JJ.
Decided 3 May 2013

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.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered opinion that it is an obligation of the sentencing court to consider all relevant facts and C circumstances bearing on the question of sentence and impose a sentence commensurate with the gravity of the offence ... xx xx xx xx ... To say the least, the order contains no reasons, much less "special or adequate reasons".

Judgment, page 45

From the headnote

Penal Code, 1860 - s.300 Exception 4 ands. 304 (Part II) - Trial and conviction uls. 302134 by courts below - Held: The nature of injury inflicted by accused, the part of body on which inflicted, weapons of offence and circumstances in which injury was inflicted, do not suggest that the accused had the intention to kill the deceased - Therefore, accused entitled to benefit of Exception 4 to s.300 - The case would fall uls. 304 (Part II) - Conviction altered to one u/s. 304 (Part II) and sentence reduced to 5 years RI. Code of Criminal Procedure, 1973 - s.357 - Compensation to the victim -

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 5 referred to · 6 mentioned

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