19.
Reverting to the issue of socio-economic factors, we are not sure
when this was introduced as a mitigating factor for consideration in
deciding whether life imprisonment or death sentence should be awarded.
Be that as it may, the earliest decision to which our attention was drawn is
State of U.P. v. M.K. Anthony5 in which this Court cautioned against being
overwhelmed by the gravity or brutality of the offence. As held in Bachan
Singh, it is not only the crime that is of importance in the sentencing
process but it is also the criminal. With this in view, this Court considered
the plight of the have-not and commuted the death sentence into one of
imprisonment for life. This is what this Court said in paragraph 23 of the
Report:
“23. The last question is what sentence should be imposed upon
the respondent. The learned Sessions Judge has imposed
maximum penalty that could be imposed under the law, namely,
sentence of death. The murder of near and dear ones including two
innocent kids is gruesome. We must however be careful lest the
shocking nature of crime may induce an instinctive reaction to
the dispassionate analysis of the evidence both as to offence
and the sentence. One circumstance that stands out in favour of
the respondent for not awarding capital punishment is that the
respondent did not commit murder of his near and dear ones
actuated by any lust, sense of vengeance or for gain. The plight of
an economic have-not sometimes becomes so tragic that the
only escape route is crime. The respondent committed murder
because in his utter helplessness he could not find few chips to
help his ailing wife and he saw the escape route by putting an
end to their lives. This one circumstance is of such an
overwhelming character that even though the crime is detestable
we would refrain from imposing capital punishment. The
5
(1985) 1 SCC 505
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
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