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Documents citing Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982

The State Of Bihar vs Onkar Nath Singh @ Sheru Singh on 7 February, 2020

35. In the instant case, shocking part is the manner in which the Sessions Judge, Buxar has exercised his discretion in awarding the sentence. The Sessions Judge has noted the doctrine of "rarest of the rare cases" as coined in the case of Bachan Singh Vs State of Punjab (supra). The Sessions Judge came to a definite conclusion that this may be a rare case but not "rarest of the rare cases" and imposed life imprisonment till his natural life beyond the application of remission by the Patna High Court D. REF.
Patna High Court Cites 76 - Cited by 2 - A K Upadhyay - Full Document

Onkar Nath Singh @ Sheru Singh vs The State Of Bihar on 23 January, 2020

35. In the instant case, shocking part is the manner in which the Sessions Judge, Buxar has exercised his discretion in awarding the sentence. The Sessions Judge has noted the doctrine of "rarest of the rare cases" as coined in the case of Bachan Singh Vs State of Punjab (supra). The Sessions Judge came to a definite conclusion that this may be a rare case but not "rarest of the rare cases" and imposed life imprisonment till his natural life beyond the application of remission by the Patna High Court D. REF.
Patna High Court Cites 76 - Cited by 0 - A K Upadhyay - Full Document

Md. Tahir vs The State Of Bihar on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

Hadizan Khatoon @ Hadisan Khatoon vs The State Of Bihar on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

The State Of Bihar vs Md. Tahir on 7 January, 2026

"41. Thereafter, the High Court dealt with the precedents laid down by this Court in Bachan Singh v. State of Punjab11, Machhi Singh v. State of Punjab12 to examine whether the litmus test, namely, that the alternative option being unquestionably foreclosed was fulfilled or not. Thereafter, the High Court noticed the judgment of this Court in Swamy Shraddananda10 and the holding thereon that to avoid a sentence of death, it is possible for the courts to devise a graver form of sentence of imprisonment for life beyond fourteen
Patna High Court Cites 47 - Cited by 0 - R R Prasad - Full Document

The State Of Bihar vs Babli Miyan on 17 August, 2022

He contended that P.W.4 stated in his testimony that he had stated before the police during investigation that the accused persons told Imran (deceased) that why he did not send the ransom of Rs.10 lakh. However, the Investigating Officer has denied it and has stated that no such statement was made by P.W.4 during investigation. He submitted that even if the prosecution story is believed to be true, awarding death penalty to all of the named accused in the instant case seems to be erroneous and exaggerating. The guidelines issued by the Supreme Court in Bachan Singh vs. State of Punjab, reported in (1980) 2 SCC 684 and Machhi Singh & Ors. vs. State of Punjab, reported in 1983 SCR (3) 413 for awarding death sentence in the rarest of rare case have been overlooked by the Trial Court.
Patna High Court Cites 17 - Cited by 0 - A K Singh - Full Document

The State Of Bihar vs Samsher Miyan on 17 August, 2022

35. Mr. J. P. Singh, learned amicus curiae appearing in Death Reference No.07 of 2021 submitted that though P.W.1 and P.W.2 have stated in their testimony that blood had fallen on the floor from the wound of the deceased, the first Investigating Officer admitted in this cross-examination that he did not find a Patna High Court D. REF. No.7 of 2021 dt.17-08-2022 23/35 single drop of blood at the place of occurrence. He submitted that the inquest report (Exhibit-2) would suggest that it was prepared at 1:45 pm on 06.12.2018 and P.W.2 Suhaib was a witness to the inquest. The inordinate delay caused in the institution of the FIR would make the entire prosecution case unbelievable. He submitted that even if the prosecution story is believed to be true, awarding death penalty to all of the named accused in the instant case seems to be erroneous and exaggerating as the guidelines issued by the Supreme Court in Bachan Singh vs. State of Punjab, reported in (1980) 2 SCC 684 and Machhi Singh & Ors. vs. State of Punjab, reported in 1983 SCR (3) 413 for awarding death sentence in the rarest of rare case have been overlooked by the Trial Court.
Patna High Court Cites 15 - Cited by 1 - A K Singh - Full Document

Raju Khan @ Raju Kha vs The State Of Bihar on 17 August, 2022

He contended that P.W.4 stated in his testimony that he had stated before the police during investigation that the accused persons told Imran (deceased) that why he did not send the ransom of Rs.10 lakh. However, the Investigating Officer has denied it and has stated that no such statement was made by P.W.4 during investigation. He submitted that even if the prosecution story is believed to be true, awarding death penalty to all of the named accused in the instant case seems to be erroneous and exaggerating. The guidelines issued by the Supreme Court in Bachan Singh vs. State of Punjab, reported in (1980) 2 SCC 684 and Machhi Singh & Ors. vs. State of Punjab, reported in 1983 SCR (3) 413 for awarding death sentence in the rarest of rare case have been overlooked by the Trial Court.
Patna High Court Cites 17 - Cited by 0 - A K Singh - Full Document

Babli Miyan vs The State Of Bihar on 17 August, 2022

He contended that P.W.4 stated in his testimony that he had stated before the police during investigation that the accused persons told Imran (deceased) that why he did not send the ransom of Rs.10 lakh. However, the Investigating Officer has denied it and has stated that no such statement was made by P.W.4 during investigation. He submitted that even if the prosecution story is believed to be true, awarding death penalty to all of the named accused in the instant case seems to be erroneous and exaggerating. The guidelines issued by the Supreme Court in Bachan Singh vs. State of Punjab, reported in (1980) 2 SCC 684 and Machhi Singh & Ors. vs. State of Punjab, reported in 1983 SCR (3) 413 for awarding death sentence in the rarest of rare case have been overlooked by the Trial Court.
Patna High Court Cites 17 - Cited by 0 - A K Singh - Full Document
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