New Delhi, 19 August 2022

As per news report of The Indian Express, A bench of Justices B R Gavai and P S Narasimha set aside an order of the Rajasthan High Court which had awarded life term for the rest of their life to accused in a murder case. The top court noted that it was the appellants who had challenged their conviction by way of an appeal before the high court. It also took into account that the State had not appealed against the order of the Sessions Judge not awarding death penalty to the appellants. “No doubt that the high court could have itself exercised suo moto powers and enhanced the sentence. However, prior to doing so, the high court was required to give a notice to the appellants. Admittedly, the same has not been done.

Source - The Indian Express

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