Supreme Court on Death Sentence in
Murder Cases

This work is a mini-encyclopaedia on this very important subject. The case-law covered in this edition has been brought up-to-date till 2014 with a supplement. In the Supplement complete case-law of Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 and Mohd. Arif v. Supreme Court of India, (2014) 9 SCC 737 have been reproduced in full as reported in SCCTM, along with the detailed headnote and same page numbers, so that it can be cited in any court of law.

For the first time such in-depth analysis of the cases has been made, and the present position of the law has been so clearly brought out.

1. General principles for imposition of death sentence

2. Aggravating and mitigating circumstances

2.1 Broadly

2.2 Age of accused

2.3 Brutality of murder and Victims — Number, age, helplessness of persons killed

2.4 Co-accused not sentenced to death/already sentenced to death—Death sentence based on

vicarious liability

2.5 Concurrence lacking as to imposition of death sentence (at different stages or amongst Judges at same stage)

2.6 Custodial death/Police murder

2.7 Delay in execution of death sentence

2.8 Domestic servant/person in trust committing brutal murder

2.9 Dowry death/Bride burning

2.10 Duress or compulsion/Co-accused inducing participation

2.11 Evidence and Proof — Nature and quality of — If circumstantial

2.12 Family murders/feud/eradication of family

2.13 Greed/Financial status/Need of accused/Robbery/Dacoity and murder

2.14 Kidnapping and murder

2.15 Life convict committing murder/Previous conviction for murder

2.16 Manner of murder/disposal of body

2.17 Mental state and intention: Provocation/Irresistible impulse to kill, enmity, etc. or Premeditated/Cold- blooded murder, etc.

2.18 Political murders/Assassinations

2.19 Professional murderers and Organised crime

2.20 Public servants’ murder

2.21 Rape and murder

2.21.1 Generally

2.21.2 Rape and murder of minor

2.21.3 Other cases of rape and murder

2.22 Rehabilitation/reform of accused — Scope

2.23 Revenge/Vengeance

2.24 Social/Communal/Caste reasons for committing murder/ Communal riot

2.25 Societal threat/menace/Serial/Sociopathic murders

2.26 Terrorism and murder

2.27 Other aggravating or mitigating circumstances

2.28 Instances

2.28.1 Death upheld

2.28.2 Death commuted

3. Commutation to imprisonment of specified term

4. Enhancement of life imprisonment to death sentence

5. Sentence hearing/Confirmation proceedings

6. Review petition against death sentence

7. Clemency petition before Executive against death sentence