Supreme Court of India · 2005-08-29
SUMER vs STATE OF U.P.
- Citation / case number
- SC 2005/1554
- Court
- Supreme Court of India
- Petitioner
- SUMER
- Respondent
- STATE OF U.P.
- Bench
- CJI, Y.K.SABHARWAL, RUMA PAL & ARUN KUMAR
Judgment text excerpt
The Supreme Court dismissed the curative petition filed by one of the accused in a murder case under Section 302 read with Section 149 IPC, emphasizing that the petition was an abuse of the remedy provided for curative petitions as per the precedent set in Rupa Ashok Hurra v. Ashok Hurra & Anr. [(2002) 4 SCC 388]. The Court reiterated that curative petitions should only be entertained in exceptional circumstances and not as a means to file a second review petition. The Court upheld the previous decision restoring the Sessions Court's conviction, thus maintaining the life sentence imposed on the accused.