Trial Courts cannot impose a sentence of “imprisonment unto death” if the case does not satisfy all the three criteria viz., the test of criminality, the test of criminality, and the rarest test laid down by the Supreme Court in Dharam Deo Yadav Vs. State of UP, (2014) 5 SCC 509, Karnataka, said that a High Court comprising Justice K. Somashekar and Justice Rajesh Rai K. in a recent murder case. Additional District and Sessions Court Justice Hassan convicted the appellants under sections of the Indian. Penal Code, 1860 302, 120 (B) and 201 in contravention. The main accused was sentenced to two years imprisonment and a fine of Rs 10,000 for violation of Section 120 (b). Besides paying a fine of Rs. 50,000, he was sentenced to imprisonment for life or “till his last breath” for the offense under Section 302. The appellants contended that the prosecution failed to prove that the death of the deceased was due to homicide and that the conviction of the Sessions Court was entirely based on circumstantial evidence. A doctor, one of the witnesses for the prosecution, testified that the cause of death was a head injury and suffocation, but the appellants argued that since the body was completely decomposed and the excavation yielded only bones, there was nothing to place. his weight evidence statements. Supreme Court said in the case of Dharma Deo. Yadav arranged three tests: the crime test, the crime test, and the rarer test. In this case, a criminal and criminal investigation was initiated against the accused, but in the rarest of cases, the prosecution failed to prove it by presenting strong evidence that the crime was committed in a barbaric manner, so the case is not the rarest of cases. Accordingly, the sentence imposed by the court of first instance, which ordered that the 1st accused be kept in prison until his last breath, must be replaced by life imprisonment, the jury said. The first respondent was identified at the exact place where the complaint was registered. The court said he also made an oral statement in this regard. The main accused and the co-accused were allegedly involved in an illicit relationship and planned to kill D.R. Kumar, the deceased husband.
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written by – Meghana Mathapati , college name – KLE law college Bangalore , semester – 5th
