Supreme Court of India

Madan v. State of Uttar Pradesh

Neutral citation
Reported as [2023] 16 S.C.R. 765
Bench B. R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra JJ.
Decided 9 November 2023

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered view that the present case would fall in the middle path as laid down in the case of Swamy Shraddananda (2) alias Murali Manohar Mishra (supra), followed by this Court in various judgments.

Judgment, page 47

From the headnote

Issue for consideration: Six deaths were caused on account of brutal fi ring by the appellants and other accused persons. The trial court imposed sentence of capital punishment to the appellants (‘M’ and ‘S’) herein for the off ence punishable u/s. 302 r/w. s.149 of IPC, while it sentenced accused ‘I’ to imprisonment for life for the same. (i) Whether the pros ecution has proved beyond reasonable doubt the case for conviction u/s. 302 of IPC; (ii) Whether the present case falls in the category of rarest of rare cases; (ii) Whether on the facts of the present case, the capital punishm ent

Where later benches applied it

Of those, 1 referred to

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