M.A. Antony @ Antappan v. State of Kerala

The Court commuted the death sentence awarded to the petitioner in the Review Petition while giving consideration to the socio-economic factors concerning the convict.

The Trial Court was in error proceeding on the basis, while awarding a sentence of death to the appellant by observing that he was a hardened criminal. There is no such evidence on material or on record.

The socio-economic condition of the appellant was a significant factor that ought to have been taken into consideration by the Trial Court as well the High Court while considering the punishment to be given to the appellant. While the socio-economic condition of a convict is not a factor for disproving his guilt, it is a factor that must be taken into consideration for the purposes of awarding an appropriate sentence to a convict.


Attachments

    https://hrln.org/uploads/2019/06/m-a-antony-19709-2009-judgement-12-dec-2018.pdf