REGENT COMPUTRONICS PVT. LTD.

SUKH DEV Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

SEBASTIAN ALIAS KUNJU V. STATE OF KERALA [REFERRED TO]
SATVEER V. STATE OF U.P. [REFERRED TO]
ASHFAQ ALI AND ANOTHER V. STATE OF U.P. [REFERRED TO]
SANTOSH KUMAR BARANWAL V. STATE OF U.P. [REFERRED TO]
STATE V. AMRU TUISI RAM [REFERRED TO]
ADAMJI UMAR DALAL VS. STATE OF BOMBAY [REFERRED TO]
PALANIAPPA GOUNDER VS. STATE OF TAMIL NADU [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS TO GOVERNMENT OF WEST BENGAL VS. ABANI MAITY [REFERRED TO]
RAJASTHAN PHARMACEUTICAL LABORATORY BANGALORE VS. STATE OF KARNATAKA:UNION OF INDIA:STATE OF KARNATAKA [REFERRED TO]
SURINDER KUMAR VS. STATE DELHI ADMINISTRATION DELHI [REFERRED TO]
ZUNJARRAO BHIKAJI NAGARKAR VS. UNION OF INDIA [REFERRED TO]
DHANNO KHAN VS. STATE [REFERRED TO]
M A KHAIR VS. STATE OF UTTAR PRADESH [REFERRED TO]
Siiankarappa VS. STATE [REFERRED TO]
STATE OF MAHARASHTRA VS. PANDURANG TATYASAHEB SHINDE [REFERRED TO]
TETAR GOPE VS. GANAURI GOPE [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. A.K. ABDUL SAMAD & ANR. [REFERRED TO]

JUDGEMENT

(1.) A Division Bench, while dealing with the instant criminal appeal against the judgment and order of conviction, noticed the language employed in Sec. 302 Penal Code and also that the trial court, while convicting the accused and awarding punishment of life imprisonment, did not impose any fine as such, directed the Registrar General to issue a circular to all District Judges in the State as well as to the Director, JTRI vide order dated 17.12.2016. The relevant observations and direction read thus:

(2.) It is against this backdrop that the Administrative Committee resolved to request the Chief Justice to refer the question "whether it is mandatory to impose fine in addition to the substantive sentence of imprisonment for the offence punishable under Sec. 302 IPC", to larger Bench for consideration. Accordingly, this larger Bench has been constituted to record its opinion on the aforesaid question.

(3.) Before we deal with the question, we find it necessary to look into the judgments of this Court in Ashfaq Ali (supra) and Santosh Kumar Baranwal (supra), which have expressed divergent opinions on the question.

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SUKH DEV Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

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