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57. We are now to consider as to what sentence should be awarded in this case. During the course of arguments, we made it clear to both the parties that we would hear this case on merits and also on the point of sentence. Both the learned counsel for the parties have addressed us on the question of sentence also, at length. Whereas the learned Public Prosecutor citing the judgment of Supreme Court in Bachan Singh v. State of Punjab and Machhisingh's case 1983 SC 957 has made a strong plea that cases of bride burning or dowry deaths, for the sake of eliminating these Social crimes fall in the category of rarest of rare cases, where death sentence should be awarded to the accused. Mr. Tibrewal, the learned counsel for the accused pointed out that there are important factors in favour of the accused in this case for awarding lesser penalty of life imprisonment. He laid much stress on the fact that in this case, the accused being a lady, and this appeal being against her acquittal this case needs some leniencey, and as such according to him, lesser penalty should be imposed on the accused. We have given a very serious and thoughtful consideration to this aspect of the case.

65. We are conscious of all these facts, and we have drawn a balance-sheet of the two sides. On one side, there is humanity crying for protection of law, and the women of the country crying and appealing the courts of justice to protect them from the dowry-vultures, to save them from the lust of dowry, from the harassment, from the humiliation, which these dowry-vultures used to inflict on the brides which result in bride-burning cases in this country. This story of Pushpa who was a daughter of a Class-IV employee who was placed lowest in the ladder in the service, and who fell prey to the hands of the accused, is a heart-breaking, nerve-cracking, hair-raising and society-shocking incident, which would be shameful for any society in any country, in an age of social justice when we talk of social justice, equality before law and equal protection of law. In our opinion, an accused in such a ghastly, gruesome, barbaric and inhuman crime, should be punished with no leniency. We therefore, feel that if a balance sheet is to be drawn the considerations of pendency of the litigation for quite some time or the appeal being against acquittal, and the accused being a woman, carry no weight at all. Contrary to it, the demand of the society is social justice,. and requirement of protecting our weaker sex from such barbaric and inhuman dowry deaths, weigh much high.

69. In our opinion, in the instant case, not only Pushpa was harassed for not bringing dowry, but she was given beating when she returned from her father's house, and when the neighbours tried to intervene, the accused said that she was feeling like pouring kerosene oil on Pushpa and burning her alive. In that night, the accused made it a fact by putting kerosene oil on Pushpa and burning her alive closing the doors of the kitchen and then bolting from outside, so that, the helpless bride might not even come out roasted in fire. When the neighbours came and asked the accused and the others in her family to go up and rescue Pushpa, she (accused) even did not move an inch. The accused prohibited Jagdish from giving blood. Even stones would have melted at such stage, but the accused mother-in-law acted in worst manner than even a stone. We are, therefore, of the opinion that she deserves no sympathy in law, or from a court which is to impart social justice. If the cases of dowry-deaths and bride-burning which are ever-increasing for lust of dowry, are to be put an end, then, the courts have no option but to perform their solemn duty of hanging such dowry-vultures. We are of the opinion that in such rarest of rare cases, and propose as in the present case, which is a rarest of rarest cases extreme penalty of death should be imposed on the accused, and we have no hesitation in imposing the same for doing real justice.

70. We feel that when the society is ever increasingly exhibiting abhorence to dowry deaths of young brides and even then bride burning cases are suddenly increasing & there is proof of bride burning cases challenging the judicial consciousness & authority of the judiciary as well as the State to provide protection to the innocent young brides from the actual barbaric gruesome crimes of in-laws, who as dowry hungry vultures are taking out the flesh and blood of young brides, the punishment when such crimes are proved should be both exemplary and deterrent. One, such exemplary punishment if given demonstratively in public, can provide protection to thousands of young brides from being burnt alive by creating fear and terror in the minds of such dowry hungry vultures who are doing torture of young brides for the satisfaction of the dowry lust. It would prevent attempt of creating miserable condition either of suicide or homicide, as every one would know that he would not be allowed to go unpunished and one can do it at his or her own peril.