Supreme Court of India · 2006-10-11
Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 3385
- Court
- Supreme Court of India
- Petitioner
- Epuru Sudhakar & Anr
- Respondent
- Govt. Of A.P. & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the grant of remission under Article 161 of the Constitution of India was illegal as it was based on irrelevant and extraneous materials, and relevant facts were not properly presented to the Governor. The Court emphasized that the Governor's decision must be based on a proper application of mind to the facts of the case, particularly in light of the previous conviction under Section 304(1) IPC. The Court set aside the order granting remission to Gowru Venkata Reddy, thereby reinstating the original sentence.