As limited notice was issued in both the SLPs, we heard arguments on the point of rigorous imprisonment while convicting a person Under Section 302 Indian Penal Code. Mr. A. Sirajudeen, learned Senior Counsel appearing for the Petitioner in SLP (Crl.) No. 6220 of 2018, submitted that the issue is no more res integra as it is covered by a judgment of this Court in Naib Singh v. State of Punjab and Ors. MANU/SC/0125/1983 : (1983) 2 SCC 454. {Para 6}
8. In Naib Singh (supra) the Petitioner was originally sentenced to death for committing an offence of murder Under Section 302 Indian Penal Code. Later, the death sentence was commuted to imprisonment for life by the Government of Punjab. After having undergone sentence of 22 years, Naib Singh filed a Writ Petition Under Article 32 of the Constitution of India challenging his continued detention. One of the points argued by the Petitioner relates to sentence of imprisonment for life not to be equated to rigorous imprisonment for life. By taking into account the earlier judgments of this Court in Pandit Kishori Lal v. King Emperor MANU/PR/0017/1944 : AIR 1945 PC 64 and Gopal Vinayak Godse v. State of Maharashtra MANU/SC/0156/1961 : 1961 3 SCR 440, this Court in Naib Singh's case held that the sentence of imprisonment for life has to be equated to rigorous imprisonment for life. The law laid down by this Court in Naib Singh's was followed by this Court in three judgments Dilpesh Balchandra Panchal v. State of Gujarat, Sat Pal alias Sadhu v. State of Haryana MANU/SC/0531/1992 : (1992) 4 SCC 172 and Mohd. Munna v. Union of India MANU/SC/0566/2005 : (2005) 7 SCC 417.
9. In view of the authoritative pronouncements of this Court on the issues that arise for consideration in these SLPs, there is no need to re-examine the limited point for which notice was issued.
IN THE SUPREME COURT OF INDIA
SLP (Crl.) Nos. 6220 and 7110 of 2018
Decided On: 14.09.2021
Md. Alfaz Ali Vs. The State of Assam
Hon'ble Judges/Coram:
L. Nageswara Rao and B.R. Gavai, JJ.
Citation: 2021 INSC 480, MANU/SC/0640/2021, (2021) 19 SCC 751.
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