LexASHARFI LAL & SONS versus STATE OF U.P.
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A ASHARFl LAL & SONS v. STATE OF U.P. "' ~- MARCH 30, 1987 B [A.P. SEN AND V. BALAKRISHNA ERADI JJ.] Indian Penal Code: Section 302-Murde,.....Cold-11/ooded-Extremely brutal~- >- Shocks judicial conscience-Sentence of death confirmed-As measure ~ c of social necessity and deterrence to other potential offenders. ' Criminal Trial: sentence-Duty of Court-Impose proper punishment-Depend- D ing upon degree of criminality and desirability to impose such punishment. The prosecution alleged that in order to wreak their vengeance on account of long drawn litigation in respect of certain agricultural pro- petty between P.W. 1 and the appellants-two real brothers and their E three sons, the appellants effected entry on the night of 13/14-8-1984 into the courtyard of the adjoining house where P. W. 1 and her two daughters were sleeping and brutally attacked them with gandasas ancl II banka. The younger daughter was repeatedly struck with a gandasa and her neck was severed, as a result of which she died instantaneously, while the other daughter was struck on the neck and face with a banka -- F and her right halid was chopped off with the gandasa, and she died later in the hospital. P. W. 1 was struck on the face and upper part of the body with the gandasa. She ran from the house through the villag;, abadi and narrated Ute Incident to P. W. 2 who, in turn, informed P. W. ' S, the VIiiage Pradhan. After visiting the scene of offence, P. W. 3 filed a First Information Report, G The appellants were tried and the two brothers were convicted 4 under Section 302 of the Indian Penal Code on two counts of murder· and were awarded capital punishment while the other three appellants were convicted under Section 302 read with Section 149 of Indian Penal Code and sentenced to life imprisonment. All the appellants were also H convicted under Section 148 of the Indian Penal Code. 722 A. LAL ,_, SONS v. U.P. STATE 723 The High Court, affirming the conviction and sentences awarded A to the two brothers, observed that it was s11tisfied that this was one of the 'rarest of the rare cases' where de11th penalty was the only appropriate sentence which ought to he Imposed on them. Dismissing the appeal, this Court HELD: 1.1 It is the duty uf the Cuurt tu impose proper punish· ment depl'udl11g upo11 the degree of criminality a11d deslr11billty to Impose such p1mlshment. (726BJ 1.2 The punishment must flt the crime, The present cases were cold·hlO(lded brutal murders in which two innocent girls lost their lives. C The extreme brutality with which the appellants 11cted shocks the Judi· clal col!Sclence. The only punishment which the appellants deserve for 1l11Ving cpmmltted tile reprebel!Sible and 11ruesome lllurders of two innocent girls to wreak their personal vengeance uver the dispute they llad with regard to pr11perty with their m11tller Is nothing hut D de11tll, (725H; 726B-C) 1,3 Failure to impose depth sentence in such grave cases where it Is a crime against the society-particularly in cases of murders commit· ted with extreme brutality, will bring to naught tile sentence of death pr11vided by Se!!ti11n 302 of the lndi1111 Penal Code. (726A·B) 1.4 ,\s a measure of social necessity a11d also as a means of deter· ring otller potential offenders the sentence of death on the two appel· lants is c11nfirmed, (726C) · E 1.5 Tile two appellants were guilty ofa hel1111us crime out of greed F and personal venge11nce and deserve the extreme penalty. This case falls within the test~'rarest ol' the rare cases'-as laid down by this Court. (72SG-H) , Bachan Singh v, State of Punjab, (1980] SCC 684 and Machhi Singh v. State of Punjab, (1983) SCC 470 referred to, CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 169 of 1987. G From the Judgment and Order dated 11.8. 1986 of the Allahabad High Court in Criminal Appeals No. 583, 892-896 of 1985 and Capital H Reference No. 2of1985. 724 SUPREME COURT REPORTS [1987] 2 S.C.R. A Shakeel Ahmad for the Appellants. The Judgment of the Court was delivered by SEN, J. Appellants Asharfi Lal and Babu who are real brothers, , B are under sentence of .death on their conviction under s. 302 read with s. 149 of the Indian Penal Code, 1860 for having committed the brutal murders of their two nieces Kumari Sumati, aged 14 years and Kumari Kalkanta, aged 20 years, daughters of their pre-deceased paternal cousin, and under s. 307 read w
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