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1 - 10 of 49 (1.07 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Md.Mannan @ Abdul Mannan vs State Of Bihar on 20 April, 2011
"23. It is trite that death sentence can be inflicted only in
a case which comes within the category of the rarest of
rare cases but there is no hard-and-fast rule and
parameter to decide this vexed issue. This Court had the
occasion to consider the cases which can be termed as the
rarest of rare cases and although certain comprehensive
guidelines have been laid to adjudge this issue but no
hard-and-fast formula of universal application has been
laid down in this regard. Crimes are committed in so
different and distinct circumstances that it is impossible to
lay down comprehensive guidelines to decide this issue.
Nevertheless it is widely accepted that in deciding this
question the number of persons killed is not decisive.
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Criminal Procedure, 1973
Santosh vs The State Of Madhya Pradesh on 7 February, 1975
54. If there is a reasonable doubt about the guilt of the offender,
the only proper verdict is to acquit him and not to impose a
sentence lesser than imprisonment for life vide Santosh vs. State
of MP AIR 1975 SC 654.
Bachan Singh vs State Of Punjab on 9 May, 1980
The
accused were awarded death sentences but the Court held that in
order to apply the guidelines of Bachan Singh's case (supra) inter-
Machhi Singh And Others vs State Of Punjab on 20 July, 1983
59. After Bachan Singh's case (supra) this Court again
considered the question as to when death sentence should be
imposed in Machhi Singh and others vs State of Punjab AIR
1983 SC 957 (a 3 Judge Bench decision). In that case the accused
had methodically in a pre planned manner murdered seventeen
persons of a village including men, women and children.
Sunder Singh vs State Of Uttaranchal on 16 September, 2010
In Sunder Singh vs. State of Uttaranchal, (2010) 10 SCC
611 the accused had gone to the place of occurrence well prepared
carrying jerry cans containing petrol, sword, pistol with two
bullets, which showed his pre-meditation and cold blooded mind.
C. Muniappan & Ors vs State Of Tamil Nadu on 30 August, 2010
In C. Muniappan vs. State of T. N., (2010) 9 SCC 567 three
members of an unlawful assembly engaged in road blocking (in a
public demonstration against a court verdict), committed planned
murder by burning a bus carrying helpless, innocent, unarmed, girl
students in a totally unprovoked situation. Three girls died and 20
got burn injuries in the incident. This Court held that it was one of
the rarest of rare cases, one where the accused would be a menace
and threat to the harmonious and peaceful co-existence of the
society. The accused deliberately indulged in a planned crime
without any provocation and meticulously executed it, and hence
the death sentence was the most appropriate punishment. There
being aggravating circumstances and no mitigating circumstance
death sentence imposed on the three members of the unlawful
assembly was upheld.