Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing-Murder-Over a petty dispute retired police |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing - Murder - Over a petty dispute retired police constable opening fire, resulting in death of three neighbours - Award of death sentence - Justification of - Held: Murder committed not to satisfy any greed or lust; there was no pre-meditation; no cruelty or torture of victim; act not brutal, diabolic or revolting nor accused had bad antecedents - On careful balancing of aggravating and mitigating circumstances, inspite of gravity of crime, aggravating circumstances did not overwhelmingly outweigh mitigating circumstances - Thus, not a rarest of rare case - Death penalty modified to one of life imprisonment - Penal Code, 1860.According to the prosecution, there was a petty dispute between appellant-retired police constable and his neighbours. Appellant opened fire, killing three members and injuring three members of neighbours family and a child of the neighbourhood. Sessions Judge convicted appellant under section 302 IPC for the murder of three and under section 307 IPC for attempting to murder two members and imposed death sentence. Accused 2 to 7 who allegedly exhorted the appellant were acquitted. High Court upheld the order. Hence the present appeal.The question which arose for consideration in this appeal was whether the courts below were justified in imposing the sentence of death. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2007 INSC 899 |
Petitioner | Des Raj |
Respondent | Sta Te Of Punjab |
SCR | [2007] 9 S.C.R. 774 |
Judgement Date | 2007-09-07 |
Case Number | 648 |
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