Brief Facts
- Petitioners in the present case were the intruders who open fired at Red Fort resulting killing of 3 army men. The Appellants were convicted by the Trial Court punished with death sentence. The Death Reference made before the High Court was rejected and even the appeals were dismissed by the Apex Court vide its order dated 10.08.2011. The Appellants have later filed the Review Petition before the Apex Court.
Issues
- What is the prevailing law pertaining to Section 65B of the Indian Evidence Act?
- Whether challenge to the unity, integrity and sovereignty of India by acts of terrorism are aggravating factors before awarding death sentence?
Held
- The Apex Court dismissed the review petition.
- The decision in Anvar P.V. vs. P.K. Basheer & Ors. (2014) 10 SCC 473 as clarified in Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal & Ors. (2020) 7 SCC 1 is the law declared on Section 65B of the Evidence Act.
- The challenge to the unity, integrity and sovereignty of India by acts of terrorism, such acts are taken as the most aggravating circumstances.
Relevant Para No.
- 22, 29