2019 SCeJournal 128

17th January, 2019

 Penal Code, 1860,  S. 302, 326(A) and 460  - Cr.P.C., 1973  S. 354(3) -  Whether second conviction for murder would warrant the imposition of a death sentence -  ‘special reasons’  - ‘rarest of the rare’  - The term ‘special reasons’ undoubtedly means reasons that are one of a special kind and not general reasons -  Convicted for the murder by pouring acid and while trying to flee also injured the  relatives of the deceased  -  Committed this crime (murder) when he was out on bail in another case wherein he has been convicted for murder  - It is undoubtedly difficult to ignore this fact but we find that it is safer to consider the imposition of sentence based on the facts of this particular case - Unquestionably, if there is a pattern discernible across both the cases then a second conviction for murder would warrant the imposition of a death sentence -  But that does not appear to be so in the present case -  Earlier incident is totally unrelated to the circumstance of this case,  present incident took place on after almost ten years after the first incident - The present incident relates to the appellant being disappointed in his relation with the deceased who he believed deserted him -  The circumstance of the case and particularly the choice of acid do not disclose a cold-blooded plan to murder the deceased - Intention seems to have been to severely injure or disfigure the deceased; in this case we think the intention resulted into an attack more severe than planned which then resulted in the death of  the deceased -  It is possible that what was premeditated was an injury and not death - There is no particular depravity or brutality in the acts of the Appellant that warrants a classification of this case as ‘rarest of the rare’ - Sentence of death converted to imprisonment for life. 2019 SCeJ 128

2019 SCeJ 122

 18 January, 2019

 Penal Code, 1860,  S. 302, 363, 366 & 376(2)(i) – Cr.P.C., 1973  S. 354(3) - Special Reasons required to impose Death Penalty  - Rape and murder of minor girl aged 8 years - Life imprisonment with actual period of 25 years, without any benefit of remission. 2019 SCeJ 122