Macchi Singh vs State of Punjab1983?

Answer 1

Machhi Singh And Others vs State Of Punjab on 20 July, 1983

Equivalent citations: 1983 AIR 957, 1983 SCR (3) 413

Bench: Thakkar, M.P.

PETITIONER:

MACHHI SINGH AND OTHERS

Vs.

RESPONDENT:

STATE OF PUNJAB

DATE OF JUDGMENT20/07/1983

BENCH:

THAKKAR, M.P. (J)

BENCH:

THAKKAR, M.P. (J)

FAZALALI, SYED MURTAZA

VARADARAJAN, A. (J)

CITATION:

1983 AIR 957 1983 SCR (3) 413

1983 SCC (3) 470 1983 SCALE (2)1

CITATOR INFO :

RF 1983 SC1155 (3,4)

F 1987 SC1721 (3)

R 1988 SC1785 (14)

R 1988 SC1883 (322)

R 1989 SC1335 (10)

E&D 1989 SC1456 (12,13)

ACT:

Penal Code (Act 45 of 1860), Section 302-Sentence- Imposition of death sentence-"Rarest of rare cases formula"- Guidelines to be adopted in identification of rarest of rare cases, explained-Evidence Act (Act 1 of 1872) Section 9- Witnesses indentifying culprits in the light shed by lantern-Appreciation of-Dying declaration, non-recording of- Evidentiary value-Doctrine of benefit of doubt, when to be invoked.

HEADNOTE:

A feud between two families has resulted in tragic consequences. Seventeen lives were lost in the course of a series of five incidents which occurred in quick succession in five different villages, situated in the vicinity of each other, in Punjab, on the night between August 12 and August 13, 1977. The seventeen persons who lost their lives and the three who substained injuries included men, women and children related to one Amar Singh and his sister Piaro Bai. In this connection one Machhi Singh and his eleven companions, close relatives and associates were prosecuted in five sessions cases, each pertaining to the concerned village in which the killings took place. Machhi Singh was the common accused at each trial. The composition of his co- accused differed number-wise and identity-wise from trial to trial At the conclusion of the series of trials, the accused found guilty were convicted under appropriate provisions. Four of them were awarded death sentence, whereas sentence of imprisonment for life was imposed on nine of them. They were also convicted for different offences and appropriate punishment was inflicted on each of them in that behalf. The order of conviction and sentence gave rise to five murder references and fourteen appeals by the convicts before the High Court of Punjab and Haryana. Having lost their appeals and the death sentences having been con-firmed, the appellants have come in appeal by way of special leave. The Court considered the following:

(a) What normal guidelines are to be followed so as to identify the "rarest of rare cases" formula for imposing death sentence, as spelled out in Bachan Singh v. State of Punjab, [1980] 2 SCR 864; (b) Reliability of eye witnesses to a crime under light shed by the lantern in a village to identify connect an accused to the crime; (c) invocation of the doctrine of benefit of doubt;

414

and (d) the effect of non-summoning the magistrate for recording dying declaration.

Allowing the Criminal Appeals Nos. 79/81 and 86/81 and dismissing the other appeals, the Court

^

HELD : 1:1. The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability. Before opting for the death penalty the circumstances of the 'offender' also require to be taken into consideration alongwith the circumstances of the 'crime'. Life imprisonment is the rule and death sentence is an exception. In other words death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances. A balance sheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances has to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. [433 A-E]