2024 SCMR 1474
Expectancy of life ' , principle of --- Period of incarceration equal to or more than a full term of imprisonment for life - In a case where a convict sentenced to death undergoes period of custody equal to or more than a full term of imprisonment for life during the pendency of his judicial remedy against his conviction and sentence of death , the principle of ' expectancy of life ' may be considered as a relevant factor along with other circumstances for reducing his sentence of death to imprisonment for life In the present case the petitioner ( convict ) had been in the death cell for 16 years awaiting the fate of his juridical remedies Inordinate delay in disposal of case was not attributable to the petitioner as the trial proceedings were twice remanded by the Appellate Court to the Trial Court , firstly due to defective charge and non examining the second investigating officer , and secondly , due to defective 342 , CPC statement of the petitioner Petition was converted into an appeal and was partly allowed , and conviction awarded to the petitioner / appellant under section 302 ( b ) . P.P.C. was maintained , however his sentence of death was converted into imprisonment for life on the basis of the mitigating
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