Sentence/Sentencing – Commutation of death sentence to life imprisonment – Petitioner was convicted and sentenced to death for the murder of his wife and five children by both Trial Court and High Court – Petitioner’s appeal dismissed by Supreme Court and the death sentence was confirmed vide order dated 18.09.2009 – Petitioner filed mercy petition addressed to the President of India through the jail authorities on 13.10.2009 – Petition forwarded by the authorities on 15.10.2013 – President of India rejected the petition on 16.07.2014 – Writ petition filed by the petitioner challenging the rejection of his mercy petition – Review Petition also filed seeking review of the judgment of Supreme Court dated 18.09.2009 – Held: Review Petition not entertained on the merits of the case – Three courts have come to concurrent finding of fact that it was the petitioner who murdered his wife and five children – No reason to take a view different from the one taken earlier – However, in the present case there was an inordinate and un-explained delay of more than 4 years on the part of the State in forwarding the mercy petition leading to delay of almost 5 years in deciding the mercy petition – State also did not file any counter affidavit in the Writ Petition even though notice was issued 4 years back on 18.11.2014 and service was effected within a month of issuance of notice – Petitioner has been behind bars for almost about 14 years – Death sentence is the exception and has to be awarded in the rarest of rare cases – Keeping in view all the circumstances of the case, regardless of the brutal nature of crime, the present is not a fit case where death sentence should be executed – Death sentence commuted to life imprisonment – However, keeping in view the nature of crime and the fact that 6 innocent lives were lost, life imprisonment in this case shall mean the entire remaining life of the petitioner and he shall not be released till his death. Partly allowing the review petition as well as the writ petition, the Court
HELD: 1.1 As far as the Government of India or the Secretariat of the President of India is concerned, there is no delay in dealing with the mercy petition and the same has been dealt with expeditiously. However, the State of Madhya Pradesh has given no explanation for the delay of more than 4 years in forwarding the mercy petition.[Para 8] [820-D-E]
1.2 Not only was there a long, inordinate and un-explained delay on the part of the State of Madhya Pradesh but to make matters worse, the State of Madhya Pradesh did not even care to file any counter affidavit in the Writ Petition even though notice was issued 4 years back on 18.11.2014 and service was effected within a month of issuance of notice. The delay in forwarding the petition is totally un-explained and this Court cannot countenance an un-explained delay of more than 4 years. The mercy petition is the last hope of a person on death row. In cases where death sentence has to be executed the same should be done as early as possible. [Paras 9, 10] [820-E-H; 821-A]
1.3 Death sentence is the exception and has to be awarded in the rarest of rare cases. Keeping in view all the circumstances of the case, including the un-explained delay of 4 years in forwarding the mercy petition by the State of Madhya Pradesh leading to delay of almost 5 years in deciding the mercy petition and the fact that the petitioner has been incarcerated for almost
14 years, regardless of the brutal nature of crime this is not a fit case where death sentence should be executed and we, accordingly commute the death sentence to that of life. However, keeping in view the nature of crime and the fact that 6 innocent lives were lost, it is directed that life imprisonment in this case shall mean the entire remaining life of the petitioner and he shall not be released till his death. [Para 12] [821-B-D]
V. Sriharan alias Murugan v. Union of India and Others (2014) 4 SCC 242 : [2014] 1 SCR 1093; Ajay Kumar Pal v. Union of India and Another (2015) 2 SCC 478 : [2014] 12 SCR 441 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.