Supreme Court of India · 2001-05-10
Ram Deo Chauhan @ Raj Nath Chauhan vs State Of Assam .Respondent
- Court
- Supreme Court of India
- Petitioner
- Ram Deo Chauhan @ Raj Nath Chauhan
- Respondent
- State Of Assam .Respondent
- Author
- S.N. Phukan
- Bench
- S.N. Phukan
Judgment text excerpt
The Supreme Court clarified the scope of review under the Code of Criminal Procedure, emphasizing that the power of review is limited to correcting or improving previous orders rather than substituting them. The Court held that the imposition of a death sentence cannot be reopened through review, but the accused may seek relief through Articles 72 and 161 of the Constitution, which grant the President and Governors the power to grant pardons or commute sentences. The Court affirmed that such executive powers do not interfere with the judicial process, as they do not revise court judgments but merely modify sentences.