Extreme Penalty Should Be Imposed In Extreme Cases – P&H HC

In a significant ruling, the High Court, comprising Judges Lisa Gill and Archana Puri, pronounced its verdict in the case of multiple murders involving convicts Kanwar Singh and others. The court, after meticulously considering aggravating and mitigating factors, decided to sentence all convicts to life imprisonment, highlighting the importance of reformation and integration of convicts into society.

“Extreme penalty should be imposed in extreme cases,” the court emphasized, citing the principle established in Bachan Singh v. State of Punjab (1980) and Machhi Singh v. State of Punjab (1984). The court weighed factors such as the heinous nature of the crime, individual conduct, age, and family situations of the convicts while determining the sentences.

Taking into account the principle that death penalty should be avoided when chances of reformation exist, the court balanced retribution with rehabilitation. It acknowledged the delay in the trial process due to the COVID-19 pandemic, considering it as a mitigating circumstance.

While the court recognized the gravity of the crime, it ruled that the case did not meet the criteria of being the “rarest of rare.” “Weighing the aggravating and mitigating circumstances, this case does not meet the test of ‘rarest of rare’ case,” the judgment read.

Convicts Jai Parkash and Parmod, who were already serving life sentences for another murder, were sentenced to imprisonment for the remainder of their lives. The court also imposed fines on the convicts, to be disbursed to the legal heirs of the victims under the Hindu Succession Act, 1956.

 Date of Decision: August 16, 2023

Sheela  vs Brahamjit and others      

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