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APPELLATE DIVISION
PRESENT:
Mr. Justice Surendra Kumar Sinha, Chief Justice
Date of hearing: 18th February, 2015, 3rd March, 2015 and 5th May, 2015.
J U D G M E N T
98 and some other cases. It has been held that where the
case. The High Court Division was of the view that any
dispensation.
6
of 1995 have been kept alive and the trials and the
Union.
death.
law.
law.
‘35(1) ....................
(2) ....................
(3) ....................
(4) ....................
punishment or treatment.”
liabilities imposed’.
by it.”
35(5).
under section 326, the court will not give the same
is dead.”
carrying out this duty under the Indian Penal Code. The
It was held:
14.”
32
sentence.
as follows:
offence.”
observed that:
as under:
for life.”
44
subsections:
(a) ......................
(c) ......................
(d) ......................
(e) ......................
(f) ......................
exists to protect.
46
convicted.
49
deserve to die.
the executive.”
under:
these appeals.”
was split into two factions, one of which was led by the
Constitution.”
sentence.
to be construed as ‘may’.”
L¢afu O§eÉ Afl¡−dl SeÉ ¢h−no ¢hd¡e fËeue Ll¡ pj£Q£e” The legislature
(2) of section 6 provides “k¢c ®L¡e hÉ¢š² doÑe L¢lu¡ ®L¡e e¡l£ h¡ ¢nöl jªaÉ¥
OV¡u h¡ doÑe Ll¡l fl ®L¡e e¡l£ h¡ ¢nö jªa¥É OV¡u a¡q−m Eš² c−ä c¢äa qC−h” There are
culpability.
the court should not shut its eyes to the facts that the
unintelligible, is absurd.
SeÉ X~š² e¡l£l jªa¥É OV¡u” There is chance of victimizing any person
sentence.
followed.
Ali was found under lock and key and on entering into
Sumi Akter was only 7 years old. The killing was brutal
and the victim stayed in one room and at 5.30 a.m., her
65
is accordingly dismissed.
Ain, 1995 for killing his wife Sufia Begum. Md. Abdul
and 4 also saw the petitioner who was talking with co-
judgment.
Operative Part:
Constitution.
applicable.
imprisonment.
C.J.
J.
J.
J.
The 5th May, 2015
Mohammad Sajjad Khan