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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

Mofil Khan v. The State of Jharkhand

Review Petition (Criminal) · 2021 INSC 791Decided 26 Nov 2021
Review Petition (Criminal) No. 641 of 2015
Justice L. Nageswara Rao · Justice B.R. Gavai · Justice B.V. Nagarathna

Background

The petitioners were convicted of brutally murdering eight members of their own extended family, including a brother and his wife and four young children, over a property dispute, and were sentenced to death. Their conviction and death sentence were upheld by the Jharkhand High Court and then by the Supreme Court itself in 2014. The petitioners filed this review petition under Article 137 of the Constitution, which, per earlier Supreme Court precedent, must be heard in open court by a three-judge bench when a death sentence is involved.

Decision Breakdown

A review petition has a very limited scope: it can only succeed if there is an "error apparent on the face of the record," not merely a different possible view of the evidence. The Court found that while its earlier judgment contained a factual slip (relying on a charge the petitioners had actually been acquitted of), this was not significant enough to reopen the conviction itself. However, on the question of sentence, the Court found a genuine gap: neither the trial court, the High Court, nor the Supreme Court's own earlier judgment had properly considered the possibility of the petitioners' reform and rehabilitation, a mandatory consideration before imposing death, and the State had never presented evidence that reform was impossible. Considering the petitioners' clean prior record, their family's continued support, and good conduct during 14 years in custody, the Court converted their death sentences to a fixed term of 30 years' imprisonment.

Lesson Learnt

Even after a death sentence has been confirmed by the Supreme Court, it can later be revisited through a review petition if the courts failed to properly weigh the convict's potential for reform and rehabilitation: a factor the law requires to be seriously considered before anyone is sentenced to death, and which the State must affirmatively disprove.

Mofil Khan v. The State of Jharkhand – Legal Case Shots | LegalAware