LexNETI SREERAMULU versus STATE OF ANDHRA PRADESH
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.844 NETI SREERAMULU v. STATE OF ANDHRA PRADESH April 2, 1973 [K. K, MATHEW AND J. D. DUA, JJ.J Indian Pane! Code, s. 302-Accused convicted for murder-Whether ientence .to be reduced from death to life imprisonment. Appellant, aged 20, was convicted and sentenced to death for murder- ing hJS wife on October 30, 1971 and the High Court confirmed the death sentence on January 24, 1972. The appeal tu this Court was limited only to the question of sentence. Jn the High Court it was argued that the sentence should be reduced to Iife imprisonment because, the appellant was a young man of 20 years of age, the iilcident arose out of sexual jealousy and the crime was not pre-meditated'. The High Court did not consider these circumstances to be sufficient to merit a lesser sentence. Jn this Court it was contended that appellant acted under grave pro- vocation and secondly, the Courts below had ignored the effect of the recent amendment of s. 357 Cr.P.C. Allowing the appeal, HELD : (I) While confirming the capital sentence, the High Court has an obligation to itself to consider why sentence should be imposed and should not be content with the trial cburt's decision on the point. It is the duty di the High .Court to consider the proceedings in all their aspects and come to an independent conclusion on the materials, apart from the view ·expressed by the Sessions Judge. In so doing, the High Court will be assisted by the opinian expressed by the Sessions Judge but the Jaw requires that the High Court should come to an independent con- clusion of its own. [847EJ Jumman & others v. The State of Punjab, A.I.R. 1957 S.C. 469, re- ferred tn., (ii) In the present case, assuming the trial court was justified in im- posing the capital sentence, the Jong lapse of time since the imposition of the capital sentence by the trial Court and the consideration of the question by tihs Court, constitutes a relevant ground for reducing the sentence to 1ife imprisonment. The appellant must have been in the con- demned cell ever since the death penalty was imposed on him. The appellant must have been subjected to acute mental agony ever since the death penalty was imposed on him. Therefore, the sentence of capital punishment must be reduced to life imprisonment in the present case. [848C] . In Piare Dusadh & Others v. Emperor A.LR. 1944 F.C. 1, the sentence of death was reduced to one of transportation for li'fe when the convict had inter alia, been awaiting execution of death senten~e for over a year. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. so of 1973. B. c D E I! G B A B c D NET! SREERAMULU v. A. P. STATE (Dua, J.) 845 Appeal by special leave from the judgment and order dated January 24, 1972 of. the Andhra Pradesh High Court in Cr. A. No. 796 of 1971 and Referred Trial No. 9 of 1971. 0. P. Rana, for the appellant. The Judgment of the Court was delivered by DuA, J.-In this appeal from the judgment and order of the Andhra Pradesh High Court convicting the appellant for the murder of one Gadusula Seetha under s. 302, I.P.C. and senten- cing him to death, special leave granted by this Court was limited only to the question of sentence. The preparation of the record was dispensed with and the appeal was directed to be heard on the S.L.P. paper book. In the order granting ·special leave dated March 1, 1973 it was specifically directed as under : "Let an actual date of hearing of the appi;al be fixed ·which will not be longer than one month from today, and notice of the actual date of hearing oi the appeal shall be sen1 to the respondent forthwith." Earlier, on July 5, 1972 the ·special leave petition .has been placed before the vacation Judge (K. K. Mathew J) and notice was directed to go to the respondent to show cause why special leave should not be granted in regard to the sentence only. It is un- fortunate that the matter could not be placed before the Bench after service of show cause notice for nearly eight months. The appellant had been sentenced to death as far ~ck as October 30, 1971 by the Additional Sessions Judge, West Godavari Division at Eluru and the death sentence was confirmed by the High Court on January 24, 1972. The prosecution story as upheld by the High Court stated briefly is that the deceased, who was a married woman, was having an illicit intimacy with the appellant and they were both living ;at Tadimalla. Before they c
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