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may 2001

Supreme Court of India · 2001-05-10

RAM DEO CHAUHAN @ RAJ NATH CHAUHAN vs STATE OF ASSAM

Citation / case number
SC 2000/60240
Court
Supreme Court of India
Petitioner
RAM DEO CHAUHAN @ RAJ NATH CHAUHAN
Respondent
STATE OF ASSAM
Author
K.T. THOMAS
Bench
K.T. THOMAS

Judgment text excerpt

The Supreme Court examined the implications of Section 309(2) of the Code of Criminal Procedure, 1973, which prohibits adjournments solely for the purpose of allowing the accused to show cause against the proposed sentence. The Court emphasized the necessity of considering all relevant information before imposing the death penalty, referencing previous cases such as Muniappan vs. State of Tamil Nadu and Allauddin Mian vs. State of Bihar. The dissenting opinion highlighted the need for a genuine effort to elicit information from the accused regarding sentencing, ultimately questioning the rigid application of the proviso in death penalty cases.

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