follows:
“209. There are numerous other circumstances justifying the
passing of the lighter sentence; as there are countervailing
circumstances of aggravation. “We cannot obviously feed
into a judicial computer all such situations since they are
astrological imponderables in an imperfect and undulating
society.” Nonetheless, it cannot be over-emphasised that the
scope and concept of mitigating factors in the area of death
penalty must receive a liberal and expansive construction by
the courts in accord with the sentencing policy writ large in
Section 354(3). Judges should never be bloodthirsty. Hanging
of murderers has never been too good for them. Facts and
Figures, albeit incomplete, furnished by the Union of India,
show that in the past, courts have inflicted the extreme
penalty with extreme infrequency — a fact which attests to
the caution and compassion which they have always brought
to bear on the exercise of their sentencing discretion in so
grave a matter. It is, therefore, imperative to voice the
concern that courts, aided by the broad illustrative guidelines indicated by us, will discharge the onerous function
with evermore scrupulous care and humane concern,
directed along the highroad of legislative policy outlined in
Section 354(3) viz. that for persons convicted of murder, life
imprisonment is the rule and death sentence an exception. A
real and abiding concern for the dignity of human life
postulates resistance to taking a life through law's
instrumentality. That ought not to be done save in the
rarest of rare cases when the alternative option is
unquestionably foreclosed.”
(Emphasis supplied)
10.
In Machhi Singh v. State of Punjab4 the Court summarised
the findings in Bachan Singh (supra) and held as follows:
“38. In this background the guidelines indicated in Bachan
Singh case will have to be culled out and applied to the facts
of each individual case where the question of imposing of
4 (1983) 3 SCC 470
9
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