NDLI: Chhannu Lal Verma Vs. The State of Chhattisgarh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administration of Criminal Justice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administration of Criminal Justice – Capital punishment –Commutation of – Appellant allegedly murdered three persons andcaused grievous injuries to others – Sessions Court convicted theappellant u/ss. 302, 307, 506 (2) and 450, IPC – High Courtconfirmed the conviction and death sentence – On appeal, held:High Court erroneously confirmed the death penalty – No evidenceas to the uncommon nature of the offence or the improbability ofreformation or rehabilitation of the appellant was adduced – Deathpenalty is to be awarded only in the rarest of rare cases where lifeimprisonment is wholly inadequate or futile owing to the nature ofthe crime and the circumstances relating to the criminal – Whethernot granting death penalty would send a wrong message to societyare additional factors to be looked at – No such analysis wasundertaken by the High Court – High Court also failed to look atthe aggravating and mitigating circumstances – Conduct of theconvict in prison cannot be lost sight of – The fact that the prisonerdisplayed good behaviour in prison certainly goes on to show thathe is not beyond reform – Decision to impose the highest punishmentof death sentence in the present case does not fulfil the test of “rarestof rare case where the alternative option is unquestionablyforeclosed” – Imposition of death sentence was not the only optionand hence the same is commuted to imprisonment for life – PenalCode, 1860 – ss. 302, 307, 506 (2) and 450 .Administration of Criminal Justice – Capital Punishment –Constitutional regulation of – Held: (Per Kurian Joseph, J.) Timehas come to view the need for death penalty as a punishment,especially its purpose and practice – Per Deepak Gupta, J. (forhimself and Hemant Gupta, J.)(Partly Dissenting) Since theConstitution Bench of the Supreme Court in Bachan Singh case hasupheld capital punishment, there is no need to re-examine the sameat this stage.
Judge	Hon'ble Mr. Justice Kurian Joseph
Neutral Citation	2018 INSC 1112
Petitioner	Chhannu Lal Verma
Respondent	The State Of Chhattisgarh
SCR	[2018] 14 S.C.R. 355
Judgement Date	2018-11-28
Case Number	1482-1483

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Chhannu Lal Verma Vs. The State of Chhattisgarh

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