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december 1972

Supreme Court of India · 1972-12-22

DMAI vs

Citation / case number
SC 1993/200628
Court
Supreme Court of India
Petitioner
DMAI
Author
A. ALAGIRISWAMI
Bench
A. ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that the appellant, having been under a sentence of life imprisonment for a previous murder, was liable to be convicted under Section 303 IPC for the current murder. The Court clarified that under Section 310 CrPC, it is sufficient for a prior conviction to exist, but for Section 303 IPC, the sentence must be in force at the time of the subsequent offence. The High Court's decision to enhance the punishment to death based on revision petitions from a private party was upheld, despite the absence of an appeal from the State.

DMAI vs · Niyam