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october 1961

Supreme Court of India · 1961-10-19

49RAM SHANKAR SINGH AND OTHERS vs STATE OF WEST BENGAL

Citation / case number
SC 1961/276
Court
Supreme Court of India
Petitioner
49RAM SHANKAR SINGH AND OTHERS
Respondent
STATE OF WEST BENGAL

Judgment text excerpt

The Supreme Court held that under Section 423 of the Code of Criminal Procedure, 1898, the High Court has the authority to appraise evidence and confirm a death sentence even after discarding a jury's verdict due to misdirection. The Court clarified that the High Court is not bound to order a retrial and must independently assess the evidence to determine the guilt of the accused. It was established that the jury's verdict does not hold sanctity in cases where the death penalty is imposed, allowing the High Court to override the jury's decision if warranted by the evidence.

49RAM SHANKAR SINGH AND OTHERS vs STATE OF WEST BENGAL · Niyam