Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence of death confirmed |
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: Section 302-Murder- Cold-Blooded-Extremely brutal- Shocks judicial conscience-Sentence of death confirmed-As measure of social necessity and deterrence to other potential offenders. Criminal Trial:Sentence-Duty of Court-Impose proper punishment-Depending upon degree of criminality and desirability to impose such punishment.The prosecution alleged that in order to wreak their vengeance on account of long drawn litigation in respect of certain agricultural property between P.W. 1 and the appellants-two real brothers and their three sons, the appellants effected entry on the night of 13/14-8-1984 into the courtyard of the adjoining house where P. W. 1 and her two daughters were sleeping and brutally attacked them with gandasas and a banka. The younger daughter was repeatedly struck with a gandasa and her neck was severed, as a result of which she died instantaneously, while the other daughter was struck on the neck and face with a banka and her right hand was chopped off with the gandasa, and she died later in the hospital. P. W. 1 was struck on the face and upper part of the body with the gandasa. She ran from the house through the village abadi and narrated the Incident to P. W. 2 who, in turn, informed P. W. 5, the VIiiage Pradhan. After visiting the scene of offence, P. W. 3 filed a First Information Report.The appellants were tried and the two brothers were convicted under Section 302 of the Indian Penal Code on two counts of murder and were awarded capital punishment while the other three appellants were convicted under Section 302 read with Section 149 of Indian Penal Code and sentenced to life imprisonment. All the appellants were also convicted under Section 148 of the Indian Penal Code. The High Court, affirming the conviction and sentences awarded to the two brothers, observed that it was satisfied that this was one of the 'rarest of the rare cases' where death penalty was the only appropriate sentence which ought to he Imposed on them. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1987 INSC 88 |
Petitioner | Asharfi Lal & Sons |
Respondent | State Of U.p. |
SCR | [1987] 2 S.C.R. 722 |
Judgement Date | 1987-03-30 |
Case Number | 169 |
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