68
Cri.Appeals 516, 281 n 468 of 2012.odt
the determination of sentences. The practice of
rt
punishing all serious crimes with equal severity is
now unknown in civilized societies, but such a radical
C
ou
departure from the principle of proportionality has
disappeared from the law only in recent times. Even
now a single grave infraction is thought to call for
uniformly drastic measures. Anything less than a
penalty of greatest severity for any serious crime is
thought then to be a measure of toleration that is
those
ig
h
unwarranted and unwise. But in fact quite apart from
considerations
that
make
punishment
unjustifiable when it is out of proportion to the crime,
H
uniformly disproportionate punishment has some very
undesirable practical consequences.”
In the case of State of Maharashtra Vs. Shatrughna
ba
y
83.
Baban Meshram (supra) this Court following the law laid down by
the Honourable Supreme Court particularly in the case of Bachan
om
Singh and Macchi Singh and relying upon the evidence brought
on record held that the case falls in the category of rarest of rare
B
case and accordingly confirmed the death sentence awarded by
the learned Trial Judge.
84.
Reverting to the case on hand, we have given our
anxious consideration to the submissions made by the learned
counsel for Appellant and learned APP for the State. Keeping in
view the proposition of law and guidelines laid down by the
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