25.
There is, therefore, enough case law to suggest that socio-economic
factors concerning a convict must be taken into consideration while taking
a decision on whether to award a sentence of death or to award a sentence
of imprisonment for life.
26.
On the facts of the present case, we find from the decision of the
Trial Court that the convict was working as a driver on a casual basis. He
was desirous of obtaining employment in the Gulf and was making all
attempts in this direction. He managed to arrange a visa but had to pay the
agent Rs.62,000/-. Due to severe financial constraints he could only
arrange Rs.25,000/- for making the initial payment. He continued making
attempts to raise the amount. His economic condition was so severe that
for the purposes of going to Gulf he had to proceed from Ernakulam to
Mumbai by train and while he could manage to purchase the ticket, he was
unable to pay for reservation charges. Under these circumstances, he had
gone to the house of the deceased family for getting money or by stealing
it or by grabbing it by any other means. It is under this financial and
economic stress that his presence in the house of the deceased family was
explained. But unfortunately for him and the deceased family, he was
unable to obtain any funds from them and this led to his decision to kill all
of them.
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 15 of 19
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄