122
as a cruel crime that raised alarm regarding safety within the community – it
must be remembered
that public opinion has categorically been held to be neither an objective
circumstance relating to crime, nor the criminal, and the courts must exercise
judicial restraint and play a balancing role.123
228. In view of the totality of facts and circumstances, and for the above stated
reasons, this court finds that imposition of death sentence would be unwarranted
in the present case. It would be appropriate and in the overall interests of justice
to commute the death sentence of all three accused, to life imprisonment for a
minimum term of 25 years. The appeals are partly allowed in the above terms.
….......................................................J
[UDAY UMESH LALIT]
...........................................................J
[S. RAVINDRA BHAT]
...........................................................J
[BELA. M. TRIVEDI]
New Delhi,
May 20, 2022.
123 Chhannu Lal Verma (para 25), Santosh Bariyar (para 80-89), M.A Antony @ Antappan v. State of Kerala,
(2020) 17 SCC 751, Bachan Singh (para 126).
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