Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860: s. 302-Murder of five persons-Root cause-Marriage of a lady of High Caste to Harijan boy-High Court holding act of accused extremely brutal, gruesome and shocking to judicial conscience-Death sentence given-Confirmed by Supreme Court. Criminal Trial.Sentence--Imposition of extreme penalty-Necessity for in cases of gravest killings and ghastly murders. The prosecution alleged that the appellants-father and son, bad committed the murder of five innocent persons. The root cause of the crime was said to be that one of the daughters of the deceased bad taken a Harijan as her husband, and for that the appellants were treating them as lower caste. The evidence showed that the appellants bad assaulted and axed the wife, husband and his mother without any provocation from them. A neighbour, who asked as to why the appellants were murdering those people, was also axed to death. A young girl aged about 14 years, who was standing near the scene of occurrence, was also not spared. The blood thirst of the appellants was so intense that they then knocked and tried to break open the door of the room where P. W. Nos. 1 and 2 were hiding to save themselves, and they left the place only when the door could not be broken. The appellants were convicted under s. 302, I.P.C. and sentenced to death. The High Court observed that the case was one of the gravest killings and ghastly murders, that the act of the appellants was extremely brutal, revolting, gruesome and shocking to the judicial conscience, and that the nature of crime being so cruel and barbaric it was necessary to impose the maximum punishment under the law as a measure of social necessity to work as a deterrent to other potential offenders. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 86 |
Petitioner | Mahesh S/o. Ram Narain Etc. |
Respondent | State Of Madhya Pradesh |
SCR | [1987] 2 S.C.R. 710 |
Judgement Date | 1987-03-27 |
Case Number | 285 |
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