LAWS(SC)-2004-1-10

SARDAR KHAN Vs. STATE OF KARNATAKA

Decided On January 20, 2004
SARDAR KHAN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The appellant before us was convicted under Section 302 and Section 498-A of the Indan Penal Code. He was sentenced to rigorous imprisonment for life for commission of an alleged offence under Section 302, IPC as also a fine of Rs. 1,000/- and to one years rigorous imprisonment under Section 498-A in respect whereof a fine of Rs. 500/- was also imposed upon him.

(2.) On an appeal preferred by the appellant herein, the High Court, however, while maintaining the judgment of conviction passed by the learned Sessions Judge, issued a notice upon the appellant as to why the maximum capital sentence should not be imposed on him. Upon giving an opportunity of hearng to the appellant, the High Court having arrived at a finding that the case is one of the rarest of rare one, imposed death penalty upon him.

(3.) Being aggrieved, the appellant is in appeal before us.