Case Note & Summary
The case involved the murder of a one-year-old child, Arman, by the accused, Birju, who shot the child while demanding money from the child's grandfather, PW1. The incident occurred on December 13, 2009, when PW1 was at a grocery shop with his grandson. The accused, after being denied money, shot the child with a country-made pistol, resulting in the child's death. The trial court awarded the death penalty, which was affirmed by the High Court, leading to the present appeals. The prosecution presented 12 witnesses and various pieces of evidence, including eyewitness accounts and forensic reports, establishing the accused's guilt under Section 302 IPC and Section 27 of the Arms Act. The defense argued against the death penalty, suggesting the crime did not fall under the 'rarest of rare' category and that the accused was under emotional disturbance. The State contended that the evidence was compelling and the accused posed a continuing threat to society due to his criminal history. The Supreme Court analyzed the circumstances of the case, including the accused's prior criminal record and the nature of the crime, ultimately deciding that while the crime was heinous, it did not meet the threshold for capital punishment. The court commuted the death sentence to 20 years of rigorous imprisonment without remission, emphasizing the need for substantial justice while considering the potential threat the accused posed to society. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Death Penalty - Rarest of Rare Doctrine - Supreme Court's assessment of death penalty criteria - Indian Penal Code, 1860, Section 302; Arms Act, 1959, Section 27 - The court determined that the case did not meet the criteria for the death penalty as it did not exhibit the extreme circumstances required for such a sentence, leading to the commutation of the death sentence to life imprisonment. (Paras 19-21).
Issue of Consideration
Whether the case falls under the category of 'rarest of rare' warranting the death sentence.
Final Decision
The Supreme Court set aside the death sentence awarded by the trial court and affirmed by the High Court, converting it to 20 years of rigorous imprisonment without remission, considering the nature of the crime and the accused's criminal history.
Law Points
- death penalty
- rarest of rare
- criminal antecedents
- rehabilitation
- Section 302 IPC
- Section 27 Arms Act
- 1959
