Review of Death Penalty XXXVIII

Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also, Chotkau v. State of Uttar Pradesh, (2023) 6 SCC 742.

If Courts are to impart justice in a free, fair and effective manner, then Presiding Judge cannot afford to remain a mute spectator totally oblivious to various happenings. A fair trial is possible only when Court takes active interest and elicits all relevant information and material necessary.

Death Reference stands restored for reconsideration.

Hon’ble Justice J.B. Pardiwala, Munna Pandey v. State of Bihar, [Criminal Appeal Nos. 1271-1272 of 2018].

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Also see, Rajesh v. State of Madhya Pradesh, [Criminal Appeal No. 793-794 of 2022] decided on 21.09.2023.