respondent should accordingly be sentenced
imprisonment for life.” (Emphasis supplied by us).
20.
to
suffer
In Surendra Pal Shivbalakpal v. State of Gujarat6 this Court
considered the socio-economic condition of the appellant therein, namely
that he was a migrant labourer and was living in impecunious
circumstances and therefore it could not be said that he would be a menace
to society in future. The sentence of death was converted into one of
imprisonment for life. This is what this Court said in paragraph 13 of the
Report:
“…..The appellant was aged 36 years at the time of the occurrence
and there is no evidence that the appellant had been involved in
any other criminal case previously and the appellant was a migrant
labourer from U.P. and was living in impecunious circumstances
and it cannot be said that he would be a menace to society in future
and no materials are placed before us to draw such a conclusion.
We do not think that the death penalty was warranted in this
case…...”
21.
Similarly, in Sushil Kumar v. State of Punjab7 the poverty of the
convict was taken into consideration as a factor for sentencing. This Court
in paragraph 46 of the Report held as follows:
“Extreme poverty had driven the appellant to commit the
gruesome murder of three of his very near and dear family
members – his wife, minor son and daughter. There is nothing on
record to show that appellant is a habitual offender. He appears to
be a peace-loving, law abiding citizen but as he was povertystricken, he thought in his wisdom to completely eliminate his
family so that all problems would come to an end. Precisely, this
appears to be the reason for him to consume some poisonous
substances, after committing the offence of murder.” (Emphasis
supplied by us).
6
7
(2005) 3 SCC 127
(2009) 10 SCC 434
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 12 of 19
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