Case: Sheo Shankar Singh Vs. State Of Jharkhand

outlined in Section 354(3) viz., that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through laws instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed." 56. In Machhi Singh and Ors. v. State of Punjab (1983) 3 SCC 470 this Court followed the guidelines flowing from Bachan Singhs case (supra) and held that death sentence could be imposed only in the rarest of rare cases when the collective conscience of the community is so shocked that it would expect the holders of judicial power to inflict the death penalty irrespective of their personal opinion as regards the desirability or otherwise of retaining death penalty as a sentencing option. This Court enumerated the following circumstances in which such a sentiment could be entertained by the community: "(1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community. (2) When the murder is committed for a motive which evinces total depravity and meanness; e.g. murder by hired assassin for money or reward; or cold-blooded murder for gains of a person vis-à-vis whom the murderer is in a dominating position or in a position of trust; or murder is committed in the course for betrayal of the motherland. (3) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath; or in cases of "bride burning" or "dowry deaths" or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. (4) When the crime is enormous in proportion. For instance when multiple murders, say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed. (5) When the victim of murder is an innocent child or a helpless woman or old or infirm person or a person vis-a-vis whom the murderer is in a dominating position, or a public figure generally loved and respected by the community" 57. In Farooq alias Karattaa Farooq and Ors. v. State of Kerala (2002) 4 SCC 697 this Court was dealing with a case where the appellant was alleged to have thrown a bomb on an under-trial prisoner at the jail gate resulting his death and severe injuries to others. Relying upon the decision of this Court in Bachan Singh case and in the case of Machhi Singh (supra) this Court held that the extreme penalty of death was not called for and accordingly commuted the sentence to life imprisonment. 58. In Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) 6 SCC 498 this Court once again reviewed the case law on the subject and reiterated that although judicial principle of imposition of death penalty were far from being uniform the basic principle that life imprisonment is the rule and death penalty an exception, would call for examination of each case to determine the appropriateness of punishment bearing in mind that death sentence is awarded only in rarest of rare cases where reform is not possible. The discretion given to the Court in such cases assumes importance and its exercise rendered extremely difficult because of the irrevocable character of that penalty. The Court held where two views are possible imposition of death sentence would not be appropriate, but where there is no other option and where reform was not possible death sentence may be imposed. Applying the principles evolved in Bachan Singh case and in the case of Machhi Singh (supra) this Court commuted the death sentence awarded to one of the appellants to life imprisonment holding that the case did not satisfy the "rarest of rare" test to warrant the award of death sentence, even when the decapitation of the victims body and its disposal was termed brutal. 59. State of Maharashtra v. Prakash Sakha Vasave and Ors. (2009) 11 SCC 193 too was a case where this Court while setting aside the acquittal of the accused awarded life imprisonment to him. That was a case where the accused was alleged to have hit the deceased with an axe with such great force that the axe got struck into the head of the deceased and the handle of the axe was also broken. 60. Coming to the case at hand we are of the opinion that the High Court was not justified in imposing the extreme penalty of death upon the appellants. We say so for reasons more than one. Firstly, because the appellants are not professional killers. Even according to the prosecution they were only a part of the coal mafia active in the region indulging in theft of coal from the collieries. The deceased being opposed to such activities appears to have incurred their wrath and got killed. Secondly, because even when the deceased was a politician there was no political angle to his killing. Thirdly, because while all culpable homicides amounting to murder are inhuman, hence legally and ethically unacceptable yet there was nothing particularly brutal, grotesque, diabolical, revolting or dastardly in the manner of its execution so as to arouse intense and extreme indignation of the community or exhaust depravity and meanness on the part of the assailants to call for the extreme penalty. Fourthly, because there was difference of opinion on the question of sentence to be awarded to the convicts. The Trial Court did not find it to be a rarest of rare case and remained content with the award of life sentence only which sentence the High Court enhanced to death. Considering all these circumstances, the death sentence awarded to the appellants in our opinion deserves to be commuted to life imprisonment.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]60. Coming to the case at hand we are of the opinion that the High Court was not justified in imposing the extreme penalty of death upon the appellants. We say so for reasons more than one. Firstly, because the appellants are not professional killers. Even according to the prosecution they were only a part of the coal mafia active in the region indulging in theft of coal from the collieries. The deceased being opposed to such activities appears to have incurred their wrath and got killed. Secondly, because even when the deceased was a politician there was no political angle to his killing. Thirdly, because while all culpable homicides amounting to murder are inhuman, hence legally and ethically unacceptable yet there was nothing particularly brutal, grotesque, diabolical, revolting or dastardly in the manner of its execution so as to arouse intense and extreme indignation of the community or exhaust depravity and meanness on the part of the assailants to call for the extreme penalty. Fourthly, because there was difference of opinion on the question of sentence to be awarded to the convicts. The Trial Court did not find it to be a rarest of rare case and remained content with the award of life sentence only which sentence the High Court enhanced to death. Considering all these circumstances, the death sentence awarded to the appellants in our opinion deserves to be commuted to life imprisonment