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Krishan Kumar @ Palli vs . on 19 May, 2011 cites

Aloke Nath Dutta & Ors vs State Of West Bengal on 12 December, 2006

First of all the case is based on circumstantial evidence and not on direct evidence. The Apex Court in case Aloke Nath Dutta and others vs. State of West Bengal, 2007 (1) R.C.R. (Criminal) 468 observed that if Murder Reference No. 2 of 2011 & Crl. Appeal No. 414-DB of 2011 -17- an offence is proved by circumstantial evidence, the awarding of death penalty should ordinarily be avoided.
Supreme Court of India Cites 71 - Cited by 279 - S B Sinha - Full Document

Bachan Singh vs State Of Punjab on 9 May, 1980

Having considered the entire material on record, it cannot be held to be a rarest of the rare cases. The principle with regard to awarding of the death penalty have been well settled by the Apex Court in the judgments rendered in cases Bachan Singh v. State of Punjab, AIR 1980 SC 898, Machhi Singh v. State of Punjab, 1984 (2) R.C.R. (Criminal) 412 : (1983) 3 SCC 470 and Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609 which clearly envisage that on conviction under Section 302 IPC, the normal rule is to award punishment of life imprisonment and the punishment of death should be resorted to only for the rarest of the rare cases. In order to find out if it could fall in the category of rarest of the rare cases, the court has to examine all the facts and circumstances of each case, the entire evidence on record, take note of aggravating as well as mitigating circumstances and conclude whether there was something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for death sentence.
Supreme Court of India Cites 111 - Cited by 233 - R S Sarkaria - Full Document

State Of Punjab vs Joginder Singh on 16 November, 1962

334. The Division Bench of this Court in case State of Punjab vs. Joginder Singh alias Neela 2011 (2) R.C.R. (Criminal) 76 (P&H) while relying upon the various judgments observed that mere number of persons killed is not by itself a circumstance justifying the award of death sentence. The court should also examine if there was no chance of the accused being reformed or rehabilitated and if the accused is threat to the society even if he comes out after a long time of imprisonment. Thus, while examining the aforesaid law laid down by the Apex Court as well as our own High Court we are inclined to hold that the present case does not fall within the category of rarest of the rare cases.
Supreme Court of India Cites 11 - Cited by 152 - N R Ayyangar - Full Document
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