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Earabhadrappa Alias Krishnappa vs State Of Karnataka on 11 March, 1983 cites

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

Finally, there remains the question of sentence, it was cruel hand of destiny that the deceased Smt. Bachamma met a violent end by being strangulated to death by the appellant who betrayed the trust of his master p.w. 3 and committed her pre-planned cold-blooded murder for greed in achieving his object of committing robbery of the gold ornaments on her person and in ransacking the iron safe and the almirah kept in her bedroom on the fateful night. The appellant was guilty of a heinous crime and deserves the extreme penalty. But we are bound by the rule laid down in Bachan Singh v. State of Punjab (1) where the Court moved by compassionate sentiments of human feelings has ruled that sentence of death should not be passed except in the 'rarest of the rare' cases. The result now is that capital punishment is seldom employed even though it may be a crime against the society and the brutality of the crime shocks the judicial 563 conscience. A sentence or pattern of sentence with fails to take due account of the gravity of the offence can seriously undermine respect for law. It is the duty of the Court to impose a proper punishment depending upon the degree of criminality and desirability to impose such punishment as a measure of social necessity as a means of deterring other potential offenders. Failure to impose a death sentence in such grave cases where it is a crime against the society particularly in cases of murders committed with extreme brutality-will bring to naught the sentence of death provided by s. 302 of the Indian Penal Code. The test laid down in Bachan Singh's case (supra) is unfortunately not fulfilled in the instant case. Left with no other alternative, we are constrained to commute the sentence of death passed on the appellant into one for imprisonment for life.
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document

Pulukuri Kottaya vs King-Emperor on 19 December, 1946

The learned Sessions Judge as well as the High Court have come to the conclusion that the circumstances alleged have been fully proved and they are consistent only with the hypothesis of the guilt of the accused. We are inclined to agree both with their conclusion and the reasoning. The chain of circumstances set out above establishes the guilt of the appellant beyond all reasonable doubt There is no controversy that the statement made by the appellant Ex. P-35 is admissible under s. 27 of the Evidence Act. Under s. 27 only so much of the information as distinctly relates to the facts really thereby discovered is admissible. The word 'fact' means some concrete or material fact to which the information directly relates. As 559 explained by Sir John Beaumont in Pulukuri Kottaya v. Emperor (1):
Bombay High Court Cites 13 - Cited by 918 - Full Document
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