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may 2001

Supreme Court of India · 2001-05-10

RAM DEO CHAUHAN @ RAJ NATH CHAUHAN vs STATE OF ASSAM .RESPONDENT

Citation / case number
SC 2000/60239
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 it is a restricted power aimed at correcting previous orders rather than substituting them. The Court held that the imposition of a death sentence cannot be reopened in review, but acknowledged the existence of constitutional provisions, specifically Articles 72 and 161, which grant the President and Governors the power to grant pardons and commute sentences. The Court concluded that such powers are absolute and not limited by statutory provisions like Sections 432, 433, and 433A of the Code, which only allow for suspension or remission of sentences without revising judicial judgments.

RAM DEO CHAUHAN @ RAJ NATH CHAUHAN vs STATE OF ASSAM .RESPONDENT · Niyam