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

13. The facts of the present case present a very tragic situation in which for removal of certain ornaments and other household articles, the appellants have taken the lives of four persons, which depicts the cruel and callous personalities of the appellants. But the question which still remains for consideration is as to whether it will be just and proper to affirm even the sentences of death passed against the three appellants, after a lapse of 10 years since the offence was committed. A Constitution Bench of this Court in the case of Bachan Singh v. State of Punjab' held that the death penalty as an alternative punishment is not unreasonable and it is in public interest, but at the same time it was pointed out that legislative policy outlined in Section 354(3) was that for persons convicted for an offence, where it is open to the court concerned to impose a sentence of death as well as imprisonment for life, "life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through law's instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed."
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document
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