120
Her family consists of her parents and two married brothers (of which one, is
paralysed), who she is regularly in touch with.
Conclusion on sentence of the three accused
223. It is unfortunate to note that both the trial Court, and High Court, failed to
provide an effective sentencing hearing to the accused, at the relevant stage,
which is a right under Section 235(2) CrPC recognised by this court in several
cases.120 In fact, it was argued by the accused that the trial court in contravention
of this court’s judgments121, had proceeded to hear on sentencing almost
immediately, depriving the accused of the opportunity to put forth their case for
a less stringent sentence. The trial court order on sentencing, records in passing
- the plea of ‘young age’ and ‘socio-economic factors’ as mitigating
circumstances, but reflects, at best, a mechanical consideration of the same.
Swayed by the brutality of the crime and “shock of the collective and judicial
conscience”, the High Court affirmed imposition of the death penalty solely on
the basis of the aggravating circumstances of the crime, with negligible
consideration of mitigating circumstances of the criminal. This is in direct
contravention of Bachan Singh.
224. The crime that the appellants have been held guilty of, is heinous; its
execution was vicious and cruel, by any stretch of imagination. The deception
practised by the appellants, in entering the flat, and, when encountering
resistance, attacking the three women, was calculated and ruthless. The repeated
stabbings of two of the deceased, almost in a frenzy, on the one hand, and the
defenceless state of the victims, on the other, highlights that the accused were
willing to go ahead with their plans (of robbing) after eliminating the women of
120 Bachan Singh (para 152), Md. Mannan @ Abdul Mannam v. State of Bihar (2019) 16 SCC 584 (para 39),
Allaudin Mian v. State of Bihar (1989) 3 SCC 5 (para 10), Rameshbhai Chandubhai Rathod v. State of Gujarat
(2009) 5 SCC 740 (para 106), Rajesh Kumar v. State (NCT of Delhi) (2011) 13 SCC 706 (para 52), Mukesh vv.
State (NCT of Delhi) (2017) 3 SCC 717 (para 9), Chhannulal Verma v. State of Chhattisgarh (2019) 12 SCC 438
(para 17).
121 Santa Singh v. State of Punjab (1967) 4 SCC 190 (para 3, 4, 5, 7); Allaudin Mian v. State of Bihar (1989) 3
SCC 5 (para 10); Rajesh Kumar v. State (2011) 13 SCC 706 (para 52); Ajay Pandit @ Jagdish v. State of
Maharashtra (2012) 8 SCC 43 (para 38, 47).
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