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Supreme Court of India 2018-03-26 dismissed

Bharatkumar Rameshchandra Barot vs State of Gujarat

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant was convicted of murder under Section 302 IPC and sentenced to 10 years imprisonment by the Sessions Court. The State appealed seeking sentence enhancement. The High Court, after appointing an amicus curiae (as the accused did not appear despite notice), enhanced the sentence to life imprisonment as mandated by Section 302 IPC. The Supreme Court upheld this, holding that Section 377 CrPC procedures were duly followed, the appointed amicus curiae adequately represented the accused, and that 10 years imprisonment for murder is illegal under Section 302 IPC which permits only death or life imprisonment. The appeal was dismissed.",

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Criminal Procedure Sentencing Murder Appellate Review Sentence Enhancement

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