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Nand Kishore vs. State of Madhya Pradesh

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Penal Code, 1860–Secs. 302, 366 & 363–Death sentence–Justification–Case of circumstantial evidence–Appellant aged of 50 years–His specific case that he was denied the proper legal assistance in the matter and he is a manhole worker–Courts below failed to record the findings upto effect that there is no possibility of reformation of the appellant–Reasons assigned by the Courts below do not constitute special reasons within the meaning of Sec. 354(3) Cr.P.C.–Held, death penalty is modified upto the life imprisonment with actual period of 25 years without any benefit of remission.