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

Anil Surendrasingh Yadav vs State Of Gujarat on 27 December, 2019

In case of Laxman Naik v. State of Orissa, reported in (1994) 3 SCC 381, the Supreme Court again referring the guidelines issued in Bachan Singh v. State of Punjab (supra) confirmed the death penalty awarded to the accused, who was found guilty of committing rape on the girl of tender age of 7 years and then committing her murder. In the said case, the Supreme Court Page 57 of 70 Downloaded on : Fri Dec 27 22:16:23 IST 2019 R/CR.A/1973/2019 CAV JUDGMENT noticing that there were no mitigating circumstances and the case disclosed only aggravating circumstances against the accused observed as under:-
Gujarat High Court Cites 56 - Cited by 3 - B M Trivedi - Full Document

State Of H.P vs Akash on 30 December, 2022

Court had committed gross error in not following the guidelines issued by the Supreme Court in case of Bachan Singh vs. State of Punjab (supra) and in the case of Machhi Singh and Ors. vs. State of Punjab (supra) by not comparing the mitigating circumstances with the aggravating circumstances and also the fact that the accused was only 19 years of age at the time of commission of offence.
Himachal Pradesh High Court Cites 33 - Cited by 0 - Full Document

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

Shatrughna Baban Meshram vs The State Of Maharashtra on 2 November, 2020

We would also take into consideration the mitigating circumstances referred to in the judgment of the Apex Court in the case of Bachan Singh v. State of Punjab (cited supra). In our opinion, the only mitigating circumstance on which the appellant/accused seeks benefit of clause (2) i.e. the accused is a young boy. Even though the said mitigating circumstance of being of young age is available to the appellant/accused while balancing the aggravating and mitigating factors, we are of the opinion that the said mitigating circumstance would not be of any help to the appellant/accused.
Supreme Court of India Cites 113 - Cited by 54 - U U Lalit - Full Document

State vs . Aman Kumar Rastogi on 9 August, 2011

5. When the victim of murder is an innocent child, or helpless woman or an old or infirm person or a person vis­a­vis whom the murderer is in a dominating position or a public figure generally loved and respected by the community I may mention that Hon'ble Mr. Justice Manmohan Sarin had clarified that in so far as the conditions no. 3 and 4 as given in Bachan Singh's case, the Hon'ble Supreme Court only intended these to be enumerated as relevant considerations and factors and not conditions precedent. It does not appear plausible for the State to always lead affirmative evidence to prove that an accused does not St. Vs. Aman Kumar Rastogi, FIR No. 544/04, PS Shalimar Bagh Page No. 132 satisfy the probability that he would not commit criminal acts as would constitute a continuing threat to society or that the accused cannot be reformed.
Delhi District Court Cites 43 - Cited by 0 - Full Document

State Of H.P vs Akash on 30 December, 2022

Court had committed gross error in not following the guidelines issued by the Supreme Court in case of Bachan Singh vs. State of Punjab (supra) and in the case of Machhi Singh and Ors. vs. State of Punjab (supra) by not comparing the mitigating circumstances with the aggravating circumstances and also the fact that the accused was only 19 years of age at the time of commission of offence.
Himachal Pradesh High Court Cites 33 - Cited by 0 - Full Document

State Of U.P. vs Akhlak & Another on 12 October, 2010

According to the judgment in Bachan Singh's case (supra), then we will have to weigh the same with any mitigating circumstances that may be available on the facts of this case. While doing the said exercise of searching for mitigating circumstances in the present case, we find the incident in question was sequel to the murder of Bhagwati a close relative of the appellant and other principal accused, which was suspected to have been committed by the members of the victims family. Prior to that the victims family was accused of having committed the murder of 2 of the close relatives of the appellant's family for which some of the members of the victims family were being prosecuted. On facts and circumstances of this case, we think this circumstance can be treated as a circumstance which amounts to a provocation from the victims side. We also notice that the role played by the appellant is somewhat similar to the role played by the other accused persons who have been given lesser sentence while the appellant has been awarded death sentence that too with the aid of Section 149 IPC therefore, a question arises why this appellant should not be considered at par with those accused for the purpose of awarding the sentence. We also notice from the argument of the learned counsel which is supported by material on record, that the specific overt act attributed to the appellant that he climbed the house of the informant and threatened to shoot the victims if they came out of their houses, while the other accused latched and set the houses on fire seems to be an afterthought not having been told to the investigating officer by the witnesses when their statements were recorded by him. We also notice that the appellant was not treated by the prosecution itself as the leader of the gang but was considered to be one amongst other accused who took part in the incident. The fact that accused has spent nearly 17 years in custody after the incident in question can also be treated as a mitigating circumstance while considering the question of sentence."
Allahabad High Court Cites 93 - Cited by 2 - I Murtaza - Full Document
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