62
Cri.Appeals 516, 281 n 468 of 2012.odt
Macchi Singh and Others V/s. State of Punjab2
c)
State of Rajasthan Vs. Kheraj Ram3
d)
State of Maharashtra Vs. Shatrughna Baban Meshram4
C
ou
rt
b)
79.
In Macchi Singh's case (supra), the Hon'ble Supreme
Court justified capital sentence in rarest of rare cases.
It was
ig
h
observed that death sentence can be awarded when the collective
conscience of the community is so shocked that it will expect the
holders of the judicial power centre to inflict death penalty
H
irrespective of their personal opinion as regards desirability or
otherwise of retaining death penalty. In paragraphs 32, 34, 35, 36
ba
y
and 37 of the judgment various circumstances were stated where
the community may entertain such sentiments. They are :
B
om
(i)
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.
(ii)
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-a-vis whom the
2 (1983) 3 Supreme Court Cases 470
3 (2003) 8 Supreme Court Cases 224
4 2015 (4) Bom.C.R.(Cri.) 744
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