When there are binding decisions, judicial comity expects
and requires the same to be followed. Judicial comity is an
integral part of judicial discipline and judicial discipline the
cornerstone of judicial integrity. No doubt, in case there are
newer dimensions not in conflict with the ratio of larger
bench decisions or where there is anything to be added to
and explained, it is always permissible to introduce the
same. Poverty, socio-economic, psychic compulsions,
undeserved adversities in life are thus some of the mitigating
factors to be considered, in addition to those indicated in
Bachan Singh and Machhi Singh cases.
What amounts to - Judicial comity, held, is an integral part of judicial discipline, and judicial discipline the cornerstone of
judicial integrity, which requires binding decisions to be followed - However, in case there are newer dimensions not in
conflict with ratio of larger Bench or where there is anything to be added to or explained, it is always permissible to
introduce the same - Consequently, poverty, socio-economic, psychic compulsions, undeserved adversities in life are
some of the mitigating factors which are to be considered in addition to those indicated in Bachan Singh, (1980) 2 SCC
684 and Machhi Singh, (1983) 3 SCC 470 while awarding capital punishment, (2014) 1 SCC 129-B
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 165-166 OF 2011
Sunil Damodar Gaikwad
V
State of Maharashtra
Citation;(2014) 1 SCC129
