“8. We cannot also ignore the fact that the appellant was a
rickshaw-puller and a migrant in Chandigarh with the
attendant psychological and economic pressures that so often
overtake and overwhelm such persons. Village Kishangarh is a
part of the Union Territory of Chandigarh and at a stone's throw
from its elite sectors that house the Governors of Punjab and
Haryana, the Golf Club, and some of the city's most important and
opulent citizens. It goes without saying that most such
neighbourhoods are often the most unfriendly and indifferent to
each others' needs. Little wonder his frustrations apparently came
to the fore leading to the horrendous incident.” (Emphasis supplied
by us).
24.
Finally, in Mahesh Dhanaji Shinde v. State of Maharashtra10 it
was noted that the convicts were living in acute poverty. However, their
conduct in jail was heartening inasmuch as they had educated themselves
and has shown that if given a second chance, they could live a meaningful
and constructive life. This Court noted as follows:
“38. At the same time, all the four accused were young in age at
the time of commission of the offence i.e. 23-29 years. They
belong to the economically, socially and educationally deprived
section of the population. They were living in acute poverty. It
is possible that, being young, they had a yearning for quick money
and it is these circumstances that had led to the commission of the
crimes in question. Materials have been laid before this Court to
show that while in custody all the accused had enrolled
themselves in Yashwantrao Chavan Maharashtra Open
University and had either completed the BA examination or
are on the verge of acquiring the degree…….. There is no
material or information to show any condemnable or reprehensible
conduct on the part of any of the appellants during their period of
custody. All the circumstances point to the possibility of the
appellant-accused being reformed and living a meaningful and
constructive life if they are to be given a second chance…….”
(Emphasis supplied by us).
10
(2014) 4 SCC 292
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 14 of 19
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