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Supreme Court Of India

(From : 2003 AIR-Jhar HCR 1222 : 2003 Cri LJ 263)

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Penal Code (45 of 1860) , S.302, S.300— Death sentence - "Rarest of rare case" - Exemplary case of - Child of 9 years sacrificed before deity by appellant for his own prosperity - Fact that appellant was having his own child of same age at time of occurrence - Shows that appellant was not possessed of the basic humanness; completely lacked psyche of mind set which can be amenable for any reformation - Grotesque and revolting manner in which helpless child's head was severed - Amplified brutality of act - Imploring face and voice of innocent child raised no trace of kindness in heart of appellant - Non-challant way in which he carried the severed head in a gunny bag and threw it in the pond - Unerringly shows that act was diabolic of most superlative degree in conception and cruel in execution - Superstition cannot and does not provide justification for any killing, much-less a planned and deliberate one - Accused also facing trial sacrificing his own brother - Death sentence imposed calls for no interference. (Para 23) (B) Criminal P.C. (2 of 1974) , S.354— Penal Code (45 of 1860) , S.302— Death sentence - When can be inflicted - Tests to determine "rarest of rare case" indicated. In rarest of rare cases when collective conscience of the communi....