102
“38. In this background the guidelines indicated in Bachan Singh case [(1980) 2
SCC 684 : 1980 SCC (Cri) 580 : AIR 1980 SC 898 : 1980 Cri LJ 636] will have to
be culled out and applied to the facts of each individual case where the question of
imposing of death sentence arises. The following propositions emerge
from Bachan Singh case [(1980) 2 SCC 684 : 1980 SCC (Cri) 580 : AIR 1980 SC
898 : 1980 Cri LJ 636] :
“(i) The extreme penalty of death need not be inflicted except in gravest cases of
extreme culpability.
(ii) Before opting for the death penalty the circumstances of the ‘offender’ also
require to be taken into consideration along with the circumstances of the ‘crime’.
(iii) Life imprisonment is the rule and death sentence is an exception. In other
words death sentence must be imposed only when life imprisonment appears to be
an altogether inadequate punishment having regard to the relevant circumstances
of the crime, and provided, and only provided, the option to impose sentence of
imprisonment for life cannot be conscientiously exercised having regard to the
nature and circumstances of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn
up and in doing so the mitigating circumstances have to be accorded full
weightage and a just balance has to be struck between the aggravating and the
mitigating circumstances before the option is exercised.
39. In order to apply these guidelines inter alia the following questions may be
asked and answered:
(a) Is there something uncommon about the crime which renders sentence of
imprisonment for life inadequate and calls for a death sentence?
(b) Are the circumstances of the crime such that there is no alternative but to
impose death sentence even after according maximum weightage to the mitigating
circumstances which speak in favour of the offender?
40. If upon taking an overall global view of all the circumstances in the light of
the aforesaid proposition and taking into account the answers to the questions
posed hereinabove, the circumstances of the case are such that death sentence is
warranted, the court would proceed to do so.”
189. In Machhi Singh92, this court also attempted to categorise cases under
broadly five heads (i.e., manner of commission of murder, motive, anti-social or
socially abhorrent nature of the crime, magnitude of crime, and personality of
victim), by strongly analysing the aggravating circumstances of the crime. A
formalistic reliance on these categories however, has the potential of leading
any court awry as it has the unintended effect of drawing attention away from
the criminal, and focussing disproportionately on the crime – the dangers of this
92 Machhi Singh (para 32-37).
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