Supreme Court of India

Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka

Neutral citation
Bench Abhay S. Oka and Rajesh Bindal JJ.
Decided 28 March 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that this is a case where a fixed-term sentence for a period of thirty years must be imposed.

Judgment, page 11

From the headnote

Penal Code, 1860 – ss.366, 376 and 302 – Power to impose modified punishment – Appellant convicted u/ss. 366, 376 and 302 IPC – Trial Court sentenced the appellant to undergo rigorous imprisonment for the rest of his life – High Court dismissed the appeal preferred by the appellant challenging the conviction and sentence – In appeal before the Supreme Court, appellant contended that in view of the law laid down by the Constitutional Bench in the case of Union of India v. V. Sriharan alias Murugan & Ors., a modified sentence can be imposed only by the Constitutional Courts and not by the…

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