LAW FOR ALL

death penalty converted in to life sentence -“Brutality of the manner in which a murder was perpetrated may be a ground but not the sole criterion for judging whether the case is one of the “rarest of rare cases” as indicated in, Bachan Singh’s case, (AIR 1980 SC 898), in a way every murder is brutal, and the difference between one from the other may be on account of mitigating or aggravating features surrounding the murder.” - Thus, Section 31(1) of the Cr. P.C. empowers the Court to inflict sentences of imprisonment for more than one offence to run either consecutively or concurrently. In Kamalanantha & Ors. vs. State of T.N. [(2005) 5 SCC 194], this Court has held that the term “imprisonment” in Section 31 of the Cr. P.C. includes the sentence for imprisonment for life. Considering the facts of this case, we are of the opinion that the appellant is liable under Section 302, IPC for imprisonment for life for each of three offences of murder under Section 300, IPC and the imprisonments for life should not run concurrently but consecutively and such punishment of consecutive sentence of imprisonment for the triple murder committed by the appellant will serve the interest of justice. - but convert the sentence from death to sentence for rigorous imprisonment for life for each of the three offences of murder and direct that the sentences of imprisonment for life for the three offences will run consecutively and not concurrently.