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the supreme court confirmed that a man who was convicted for the murder of two kids by giving them celphos(an agricultural pesticide) will be punished with life imprisonment for the remainder of his natural life. The name of the man is Gauri Shankar, he has brutally murdered by administering celphos to two minor children aged 4 and 2 years. He was convicted under section 302 of the Indian Penal Code(IPC) by the trial court. He was punished with imprisonment for life(for the remainder of natural life) and a fine of Rs.5000 by a judgment that is dated July 1st, 2013, the high court has dismissed his appeal.
The accused has placed reliance on the case of Union of India V. V.Sriharan @Murugan and ors 2016, where it was held that: Only the High Court and the Supreme Court and not any other lower court can exercise the authority to enforce a modified sentence allowing for any particular period of imprisonment or until the end of the life of the accused as an alternative to the death penalty. Based on this the accused has contended the fact that he has been punished with imprisonment for life by a court lower than the high court or the supreme court and such punishment does not lie in the dominion of the lower court, it can only be exercised by the high courts or the supreme court.
The bench comprising Justice Indhu Malhotra and Ajay Rastogi dismissed this appeal and observed that: The learned lawyer for the appellant seems to be right on the legal principles, but we have taken account of the prosecution's arguments in its entirety on the grounds of the offense that he lived in a relationship with complainant Anju, who had two children from the previous marriage, and took away the lives of two minor innocent children at the very threshold of their lives and killed them in a horrific manner. It is correct that the educated trial judge should not have ordered the sentence on the remainder of natural life, however after reviewing the whole situation, We deem it fitting to confirm the sentence of life imprisonment to mean the remainder of natural life thus upholding the sentence under IPC Section 302.
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