Supreme Court of India · 1996-07-22
STATE OF PUNJAB vs KESAR SINGH
- Citation / case number
- SC 1996/3400
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- KESAR SINGH
- Author
- A.S. ANAND
- Bench
- A.S. ANAND
Judgment text excerpt
The Supreme Court held that the High Court's order for the premature release of the respondent convicted under Section 302/34 IPC was not permissible under law. The Court emphasized that under Section 433 of the Code of Criminal Procedure, the power to commute a life sentence lies with the Government and cannot be ordered by the High Court. The respondent had not completed the requisite 14 years of imprisonment for such a commutation, leading to the conclusion that the High Court's direction was unsustainable and was set aside.