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Supreme Court says prior conviction cannot be sole ground to impose death penalty; commutes murder convict’s sentence

The mitigating circumstances before the Court, in this case, included the fact that Madan was currently aged 64 years and had been in prison for over 18 years.

He was also reported to have shown good behaviour in prison, indicating that he was not beyond reform. His psychological assessments were also positive, the Court was told.

The top court, thus, held that the imposition of the death penalty on Madan was not appropriate.

“The role attributed in the evidence of the eye witnesses is identical to all the accused. In that view of the matter, we find that the High Court was not justified in imposing death penalty on appellant Madan while converting the death penalty imposed upon Sudesh Pal to life imprisonment. If the judgment of the High Court is maintained, it would lead to an anomalous situation,” the Court added.

Source: Barandbench

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