Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Law: Terrorists and Disruptive Activities (Prevention) Act 987/Penal Code 1860-Section 3/Section 302 read with Section 149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Criminal Law: Terrorists and Disruptive Activities (Prevention) Act, 1987/Penal Code, 1860-Section 3/Section 302 read with Section 149-Death sentence- Justification of-Accused belonging to militant group attacked members of a particular community pursuant to conspiracy hatched-Gruesome carnage wherein 35 persons of a community massacred and many other injured besides destruction of houses by fire-119 person charge-sheeted out of which 13 were put on trial-Trial Court acquittng four of the accused and convicting others under TADA and IPC-Four of the accused convicted under Section 302 read with Section 149 IPC and sentenced to rigorous imprisonment of life and under Section 3 TADA with death sentence-Appeal and death reference-Whether 'rarest of rare case' warranting death sentence-Held, yes since crime not only ghastly but also enormous in proportion as 35 persons of one community were massacred in an extremely diabolic, revolting and dastardly manner which affected the normal tempo of life of the community in the locality-Further culpability of the accused persons assumes the proportion of extreme deprivity that a special reason exists under Section 354 (3) Cr. P.C. for sentencing them to death penalty-Code of Criminal Procedure, 1973. Section 354 (3). |
Judge | Hon'ble Mr. Justice B.N. Agrawal |
Neutral Citation | 2002 INSC 199 |
Petitioner | Krishna Moch! And Ors. |
Respondent | State Of Bihar Etc. |
SCR | [2002] 3 S.C.R. 1 |
Judgement Date | 2002-04-15 |
Case Number | 761 |
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