Research › Browse › Judgment

Supreme Court of India · body

2018 DIGILAW 1072 (SC)

Nitin Balkisan Gaikwad v. State of Maharashtra

2018-07-09

A.K.SIKRI, ASHOK BHUSHAN

body2018
ORDER : Leave granted. 2. We have heard learned counsel for the parties. 3. The appellant was convicted for the offence punishable under Sections 302, 498-A and 506 of the Indian Penal Code ("IPC") and awarded death sentence by the trial court. However, the High Court converted the said death penalty into life imprisonment stating that it was not a rarest of the rare case justifying the death sentence. However, while awarding life sentence, the High Court has also stated that it would be for a minimum period of thirty years without remission. 4. In the present case, notice was issued only on the aforesaid aspect, namely, whether the High Court was justified in putting a cap of thirty years life imprisonment. 5. No doubt, the case pertains to murder by the appellant of his wife. However, we also find that there are some extenuating circumstances and one of these was that after killing his wife the appellant tried to kill himself and there were blade injuries on his neck, chest and both wrists, which was found in the hands of the appellant at the time when people arrived at the place of occurrence and he was found unconscious. 6. Going by these circumstances, we are of the opinion that the High Court should not have stated that the life sentence for a minimum period of thirty years must be served in jail without remission. Therefore, we delete that portion of the impugned order and make it a case of life imprisonment simpliciter. 7. The appeal is disposed of as indicated above.