30.
We have scrutinized the aforesaid reports submitted to this court. We
find that the present case would not fall in the category of “rarest of rare
cases” wherein it can be held that imposition of death penalty is the only
alternative. We are of the considered opinion that the present case would fall
in the category of middle path as held by this court in various judgments of
this court12.
31.
In the instant case, it is to be noted that appellant hails from a poor
nomadic community in Maharashtra. He had an alcoholic father and suffered
parental neglect and poverty. He dropped out of school when he was 10
years old and was forced to start working to support his family, doing odd
jobs. All efforts put by the appellant to bring his family out of poverty did
not yield desired results. Neither the appellant nor any of his family members
have any criminal antecedent. It cannot be presumed that appellant is a
hardened criminal who cannot be reformed. Hence, it cannot be said that
there is no possibility of reformation, even though the appellant has
committed a gruesome crime.
32.
The appellant was aged about 38 years at the time of commission of
the crime. He has no criminal antecedents and there are various other
12 Swamy Shraddananda (2) v. State of Karnataka, (2008) 13 SCC 767; Shankar Kisanrao Khade v. State
of Maharasthra, (2013) 5 SCC 546; Gandi Doddabasappa alias Gandhi Basavaraj v. State of Karnataka,
(2017) 5 SCC 415; Prakash Dhawal Khairnar (Patil) v. State of Maharastra, (2002) 2 SCC 35, Mohinder
Singh v. State of Punjab, (2013) 3 SCC 294; Madan v. State of Uttar Pradesh, 2023 SCC Online SC 1473
21
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