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The SC has reversed the punishment given by the HC in Nitin Balkisan Gaikwad v. The State of Maharashtra. The bench comprising of Justice A.K. Sikri and Justice Ashok Bhushan, modified thirty years of life imprisonment without remission awarded by the HC to the accused for murdering his wife, to unconditional life imprisonment.
The trial court in its decision awarded death penalty to the accused. The appeal was made in the HC where it was stated that: this is not the rarest of rare case, therefore death penalty is not the apt punishment. The accused was awarded life imprisonment, but with a minimum period of 30 years without remission. The HC in its order stated: the circumstances on record shows that the accused had no feelings for humanity or compassion towards the deceased who lived with him under the same roof as his wife.
The appeal was filed in the SC regarding the sentence imposed on the accused. The bench stated: there is no doubt that the appellant has murdered his wife. However, there are another facts that has to be considered, such as the fact that after killing his wife he tried to kill himself. The injury of blade on his both the wrists and chest were found at the time people entered the place of occurrence.
Therefore the SC reversed a part of punishment given by the HC. The life imprisonment with a minimum period of 30 years without remission was deleted, and life imprisonment was given to the accused.
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