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Death Sentence Justified in Rarest Among Rare Cases

Raj Kumar Makkad ,
  27 September 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Award of death sentence - Offence committed punishable under Sections 302, 307 and 436 of Indian Penal Code, 1860 - Order of conviction based on dying declaration and other substantive evidence - Sustainability thereof under challenge - Whether instant matter falls under the rarest of the rare category
Citation :
Sunder Singh v. State of Uttaranchal (Decided on 16.09.2010) MANU/SC/0710/2010

Held, in view of the facts and circumstances of the present case, Court concluded this as one of the rarest of the rare case.

Five persons have lost their life while the sixth person, a helpless lady, who has now been left to be the only member of the family, has to live her life with 70% burn injuries. As the Petitioner was a natural witness and there can be no dispute about her presence on the spot. She was also an injured witness as she herself suffered 70% burns. Considering the overall evidence, accepted by the Trial Court and High Court, it was clear that this witness was reliable. Murder was committed in a cruel, grotesque and diabolical manner. There was no immediate provocation to the Appellant. The guilt of the accused held to be proved beyond all reasonable doubts. Impugned Judgments of the Trial Court and the High Court confirmed.

 
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Published in Criminal Law
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