imposing death penalty when the onus to elicit information
necessary for the purpose of sentencing is on the court as held in
Bachan Singh (supra). It is also argued that the High Court has
overlooked the condition laid down in Bachan Singh (supra) that
the State has to prove that the accused does not demonstrate any
probability of reformation or rehabilitation. On the above-mentioned
grounds, the counsel for the appellant prays that the death sentence
imposed be commuted to imprisonment for life.
7.
According to the counsel for the respondent State, the mens
rea of the appellant was of high degree and intensity and that the
Courts were right in imposing death penalty. It has also been pointed
out that the appellant had a previous criminal background with the
same family in a Section 376 IPC case and thus it is a case where he
has failed to reform himself. The respondent has also advanced
arguments based on the testimony of the child witness, placing
reliance on Sonu Sardar v. State of Chhattisgarh 3. The blows
delivered by the appellant were intended to commit murder as all
the injuries were severe and inflicted on vital parts. The counsel also
pointed out that the appellant had previous enmity with the family
and the murder was carried out in cold blood and in a premeditated
manner, without any provocation from the victims. The appellant has
not attempted to establish that the act was committed by him due
3 (2012) 4 SCC 97
5
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