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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.

SHIVA KUMAR @ SHIVA @ SHIVAMURTHY vs STATE OF KARNATAKA · Niyam