Penal Code, 1860, S. 302, 34 – Constitution of India, Art. 137 – Supreme Court Rules (2013), O. 47, R. 1 – review petition – Under O. 47, R. 1 of Supreme Court Rules of 2013, Court may review its judgment in criminal proceedings on ground of an error apparent on face of record – Petitioners convicted under Section 302 of IPC and sentenced to death for murder of 8 persons – Plea that while dismissing appeal, court relied upon theft committed by the Petitioners from the house of the deceased, for which charge they had been acquitted by the trial court – Though such an error appears from the judgment of this Court, it is not an “error apparent on the face of the record” as the impugned judgment of this Court in affirming the death sentence was not rendered on the basis of the said finding.
2021 SCeJ 1266, 2021 PLRonline 17702
MOFIL KHAN v. THE STATE OF JHARKHAND,
