Case Note & Summary
The case involved an appeal by the appellant against a death sentence imposed for the murder of Kusum Devi. The trial court convicted the appellant under Section 302 of the Indian Penal Code (IPC) and sentenced him to death, which was confirmed by the High Court. The trial court based its decision on the assertion that the appellant was a professional killer who committed the murder for payment and had a history of similar crimes. The High Court echoed these sentiments, citing the brutal nature of the crime and the appellant's past. However, the evidence supporting the claim of the appellant being a professional killer was weak, relying primarily on witness testimonies that were not substantive and a confessional statement deemed inadmissible. The Supreme Court found that without credible evidence to substantiate the claim of the appellant's professional killer status, the case did not meet the threshold for the death penalty. Consequently, the Supreme Court modified the sentence from death to life imprisonment, emphasizing the need for substantial evidence in capital cases.
Headnote
A) Criminal Law - Death Penalty - Properness of Sentence - Indian Penal Code, 1860, Section 302 - The court considered whether the death sentence was justified based on the appellant's alleged status as a professional killer and previous history of murder. It found that the evidence presented was insufficient to support the claim of the appellant being a professional killer, leading to the conclusion that the case did not fall under the 'rarest of rare cases' category. Held that the death sentence was not warranted and modified it to life imprisonment (Paras 1-2).
Issue of Consideration
Whether the death sentence imposed upon the appellant was proper.
Final Decision
The Supreme Court allowed the appeal and modified the sentence from death to life imprisonment, finding insufficient evidence to justify the death penalty.
Law Points
- Death penalty
- professional killer
- confessional statement
- admissibility of evidence
- rarest of rare cases
