Munmun Kaur –
Published On: December 11, 2021 at 14:00 IST
Supreme Court commuted the Death Sentence of a first-time offender with an observation that not only the Crime but also his state of mind, and his socio-economic condition shall be taken into consideration while awarding the Sentence.
A man killed two of his siblings and a nephew over a Property Dispute. Advocate N Hariharan representing the Convict contended that the Trial Court and Madhya Pradesh High Court had made a mistake in not taking into consideration that his client was a first-time offender.
A Bench of Justices L Nageswara Rao, B R Gavai, and B V Nagarathna, observed that there is a chance of reformation and rehabilitation for the Convict based on his conduct in Jail and therefore they commuted his Death Sentence to 30 years in prison.
The Court also observed, “The appellant comes from a rural and economically poor background. There are no Criminal antecedents. The appellant cannot be said to be a hardened Criminal. This is the first offence committed by the Appellant, no doubt, a heinous one.”
Further the Court observed that the certificate issued by the Jail Superintendent indicates that conduct of the Appellant was satisfactory during Imprisonment.
Meanwhile taking note of the fact that the Convict had committed a Murder of two of his siblings and one nephew, the Court observed that he deserved rigorous Imprisonment of 30 years.
Also Read: Murder and Culpable Homicide under the Indian Penal Code, 1860