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    <title>1983 (4) TMI 298 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=199527</link>
    <description>Section 303 IPC, which mandated death as the only punishment for murder by a life convict, was held unconstitutional because it excluded all judicial discretion and denied consideration of mitigating circumstances, the offence, motive, and surrounding facts. The Court held that this also deprived the accused of a meaningful hearing on sentence under Section 235(2) CrPC and displaced the application of Section 354(3) CrPC, making the sentencing procedure unfair, unjust, and unreasonable under Article 21. The classification of life convicts as a separate class was found arbitrary and unrelated to the object of the provision, violating Article 14. The provision was struck down as void.</description>
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    <pubDate>Thu, 07 Apr 1983 00:00:00 +0530</pubDate>
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      <title>1983 (4) TMI 298 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199527</link>
      <description>Section 303 IPC, which mandated death as the only punishment for murder by a life convict, was held unconstitutional because it excluded all judicial discretion and denied consideration of mitigating circumstances, the offence, motive, and surrounding facts. The Court held that this also deprived the accused of a meaningful hearing on sentence under Section 235(2) CrPC and displaced the application of Section 354(3) CrPC, making the sentencing procedure unfair, unjust, and unreasonable under Article 21. The classification of life convicts as a separate class was found arbitrary and unrelated to the object of the provision, violating Article 14. The provision was struck down as void.</description>
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      <pubDate>Thu, 07 Apr 1983 00:00:00 +0530</pubDate>
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