Supreme Court of India · 1968-03-05
BHUPENDRA SINGH vs THE STATE OF PUNJAB
- Citation / case number
- SC 1967/65
- Court
- Supreme Court of India
- Petitioner
- BHUPENDRA SINGH
- Respondent
- THE STATE OF PUNJAB
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that in cases where a death sentence is imposed, the appellate court must examine the entire record and not merely rely on the defense's admission of lack of substance, as mandated by Sections 375 and 376 of the Code of Criminal Procedure, 1898. The Court found that the High Court erred in not independently reviewing the defense evidence. Consequently, the death sentence was set aside, and the appellant was sentenced to life imprisonment instead, recognizing that the murder was not premeditated and was committed in a moment of provocation.