SHIV MOHAN SINGH versus STATE (DELHI ADMINISTRATION)
No fresh grounds for review are established; the petitioner exhausted opportunities for review and hearing, and the circumstances do not warrant judicial commutation of the death sentence. The law binds the Court in imposing the death penalty where applicable.
- Parties
- Petitioner: Shiv Mohan Singh; Respondent: State (Delhi Administration)
- Jurisdiction
- India
- Judgment Date
- 10 March 1977
- Procedural Posture
- Review Petition / Review of Supreme Court Order on Conviction and Sentencing
- Outcome
- review petition dismissed
- Legal Topics
- Review Power, Death Penalty, Sentencing Under S. 235(2) Cr PC, Opportunity to Be Heard Before Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Shiv Mohan Singh
Petitioner
State (Delhi Administration)
Respondent
Procedural Posture
Review Petition / Review of Supreme Court Order on Conviction and Sentencing
Legal Issues
- 1 Whether fresh circumstances justify a further review of the Supreme Court's previous orders confirming death sentence
- 2 Whether denial of opportunity to be heard at the sentencing stage under s.235(2) CrPC invalidates the death sentence
- 3 Whether social and personal circumstances warrant commutation of death sentence
Ratio Decidendi
No fresh grounds for review are established; the petitioner exhausted opportunities for review and hearing, and the circumstances do not warrant judicial commutation of the death sentence. The law binds the Court in imposing the death penalty where applicable.
Court Disposition
review petition dismissed
Orders
- Review Petition No. 2 of 1977 is dismissed.
- Death sentence stands confirmed; judicial commutation not granted.
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