Supreme Court of India · 2023-03-28
SHIVA KUMAR @ SHIVA @ SHIVAMURTHY vs STATE OF KARNATAKA
- Citation / case number
- SC 2016/30189
- Court
- Supreme Court of India
- Petitioner
- SHIVA KUMAR @ SHIVA @ SHIVAMURTHY
- Respondent
- STATE OF KARNATAKA
- Author
- HON'BLE MR. JUSTICE ABHAY S. OKA
- Bench
- HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE ABHAY S. OKA
Judgment text excerpt
The Supreme Court examined the legality of the sentence imposed under Section 302 of the IPC, where the appellant was sentenced to life imprisonment. The appellant argued that only constitutional courts can modify sentences, citing the case of Union of India v. V. Sriharan, and contended that the Sessions Court lacked the authority to impose a modified sentence. The Court analyzed the scope of sentencing powers of different courts and clarified the procedural and constitutional limits on modifying sentences, ultimately upholding the sentence imposed by the lower courts.