JUMMAN KHAN versus STATE OF U.P.

JUMMAN KHAN versus STATE OF U.P.

The Supreme Court held that (1) the petitioner's late challenge to compliance with Section 235(2) CrPC could not be entertained because the trial court had in fact heard the accused on sentence and the issue was raised for the first time at this stage; (2) the constitutional validity of the death penalty as upheld in Bachan Singh is not to be revisited and remains binding; and (3) there was no undue delay or other supervening circumstance in this case to warrant commutation of the death sentence, and the President's and Governor's rejection of mercy petitions did not call for reconsideration.

Parties
Petitioner: Jumman Khan; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
30 November 1990
Procedural Posture
Writ Petition (criminal) No. 493 of 1988 / Original Jurisdiction (article 32) Judgment by Supreme Court Dismissing Petition
Outcome
Writ petition dismissed
Legal Topics
Capital Punishment, Death Penalty, Mercy Petition, Delay in Execution of Death Sentence, Compliance With Section 235(2) Cr PC, Review of Precedent
Criminal Procedure Criminal Law Constitutional Law Capital Punishment Death Penalty Mercy Petition Delay in Execution of Death Sentence Compliance With Section 235(2) Cr PC +1 more

Case Brief

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Parties

Jumman Khan

Petitioner

State of U.P.

Respondent

Procedural Posture

Writ Petition (criminal) No. 493 of 1988 / Original Jurisdiction (article 32) Judgment by Supreme Court Dismissing Petition

Legal Issues

  1. 1 Whether there was substantial non-compliance with Section 235(2) CrPC vitiating imposition of death sentence
  2. 2 Whether the constitutional validity of capital punishment as upheld in Bachan Singh should be reconsidered
  3. 3 Whether undue delay in consideration of mercy petitions warranted commutation of death sentence

Ratio Decidendi

The Supreme Court held that (1) the petitioner's late challenge to compliance with Section 235(2) CrPC could not be entertained because the trial court had in fact heard the accused on sentence and the issue was raised for the first time at this stage; (2) the constitutional validity of the death penalty as upheld in Bachan Singh is not to be revisited and remains binding; and (3) there was no undue delay or other supervening circumstance in this case to warrant commutation of the death sentence, and the President's and Governor's rejection of mercy petitions did not call for reconsideration.

Court Disposition

Writ petition dismissed

Orders

  • Writ petition dismissed
  • No interference with the death sentence; mercy petitions not reopened or reconsidered