LAW FOR ALL

DEATH CONFIRMED = Herein, A1 and A2 have committed a cold blooded murder in a pre-ordained fashion without any provocation whatsoever. The motive behind the gruesome act was to avenge the act of informant in approaching the machinery of law enforcement inspite of threats by the appellants. The victims were five innocent children and wife of the informant who were sleeping unalarmed when the appellants came and locked them inside their house while it was set ablaze. Further, wrath of A1 and A2 is reflected in their act of first gagging the informant, thereafter attempting to burn him alive and later, when he tried to escape, firing at him thereby leaving no stone unturned in translating their threats into reality. As a result of the aforesaid incident, having witnessed the threats of burning given by the A1 to the informant tuned into reality, none but the family of the deceased-informant came forth to depose against the appellant-accused persons during the trial. The crime, enormous in proportion having wiped off the whole family, is committed so brutally that it pricks and shocks not only the judicial conscience but even the collective conscience of the society. It demands just punishment from the Court and the Court is bound to respond within legal parameters. The demand for justice and the award of punishment have to be in consonance with the legislative command and the discretion vested in the Courts. “…the punishment is the way in which society expresses its denunciation of wrong doing; and, in order to maintain respect for the law, it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. It is a mistake to consider the objects of punishments as being a deterrent or reformative or preventive and nothing else... The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong doer deserves it, irrespective of whether it is a deterrent or not.” 90. In light of the aforesaid, having regard to the gravity of the offence committed, we are of the considered opinion that with regard to A1 and A2 this case falls into the category of rarest of the rare cases and is not a case where imprisonment for life is an adequate sentence and thus, constrained to reach the inescapable conclusion that death sentence imposed on A1 and A2 be confirmed. 91. Therefore, the sentence of death imposed on A1 and A2 is confirmed and the sentence awarded to A3 is commuted to life imprisonment till the rest of his life. 92. The order of stay on the execution of the capital punishment of A1 and A2 is vacated.