Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 354 (3) CrPC Aggregating circumstances Mitigating circumstances Sentencing policy |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | SENTENCE/SENTENCING:Murder - Sentencing policy - Held: The most significant aspect of sentencing policy is independent consideration of each case by the Court and extricating a sentence which is the most appropriate and proportional to the culpability of the 0 accused - Aggregating circumstance,s and mitigating circumstances, culled out - The doctrine of "rarest 'of rare" does not classify murders into categories of heinous or less heinous - The difference between two is not in the identity of the principles, but lies in the realm of application thereof to E individual fact situations - Sentences of severity are imposed ta reflect the seriousness of the crime, to promote respect for the law, to provide just punishment for the offence, to afford adequate deterrent to criminal conduct and to protect the community from further similar conduct - It serves a three- It is not fold purpose- punitive, deterrent and protective - F only the victims of crime that require soothing balm, but also the incidental victims like the family, the co-sufferers and to a relatively large extent the society too - The judiciary has a paramount duty to safeguard the rights of the victims as diligently as those of the perpetrators - Code of Criminal G Procedure, 1973 - s.354(3).SENTENCE/SENTENCING:Murder - Accused person committing murders of 8 persons of their family - Death sentence by courts below - Held: The time, place and manner of the commission of crime are indicative of the motive of accused-appellants - They have ruthlessly and successively butchered their own kith and kin for obtaining possession of certain pass-book, money and immovable property without any provocation - Being armed with sharp edged weapons, the quick succession with which the accused-appellants proceeded to slaughter the eight members of their family classifies their act as pre-planned and reflects the cold-blooded fashion with which the callous design was executed - Their lack of remorse is reflected from the act of extending threat of life to other members of the family present in the house should they dare to inform the police - The mitigating circumstances enumerated, under which the appellants seek refuge, have failed to convince the Court - In the considered view of the Court, the "rarest of the rare" case exists when an accused would be a menace, threat and anti-thetical to harmony in the society - Especially in cases where an accused does ndt act on provocation, acting in spur of the moment but meticulously executes a deliberately planned crime inspite of understanding the probable consequence of his act, the death sentence may be the most appropriate punishment - Keeping in view the principle of proportionality of sentence or what it termed as "just-desert" for the vile act of slaughtering eight lives including four innocent minors and a physically infirm child whereby an entire family is exterminated, the depravity of appellant's offence would attract no lesser sentence than the death penalty. |
Judge | N/A |
Neutral Citation | 2014 INSC 1016 |
Petitioner | Mofil Khan & Anr. |
Respondent | State Of Jharkhand |
SCR | [2014] 10 S.C.R. 812 |
Judgement Date | 2014-10-09 |
Case Number | 1795 |
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