LexPREM SAGAR versus DHARAMBIR AND ORS .
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PREM SAGAR A v. DHARAMBIR AND ORS . • OCTOBER 29, 2003 [DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.] B Penal Code, 1860 : Section-302-Murder-Death sentence-Imposition of-Principles- Held : Brutality in inbuilt in every murder but in case of every murder, C death sentence is not imposed-Life imprisonment is the rule and death sentence is the exception-The latter is imposed in rarest of rare cases. The appellants along with their two real brothers and mo~her, in ·an six accused, were charge-sheeted ror the murder of three persons. D The first two appellants were awarded the death sentence by the trial court while the third appellant was sentenced to undergo imprisonment for life. In appeal, the High Court commuted the death sentence to life sentence in the case of the first two appellants. However, the convictions were maintained. Hence the appeal. E Disposing of the appeal, the Court HELD: I. Brutality is inbuilt in every murder but in case of every · murder, death sentence is not imposed. Life imprisonment is the rule and death sentence is the exception. The latter is imposed in rarest of F rare cases. [1041-A-B) CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 243 of 2003. From the Judgment and Order dated 14.9.2002 of the Punjab and G Haryana High Court in Murder Ref. No. 2 of 2002. WITH CrL A. No. 242 of 2003. H 1037 1038 SUPREME COURT REPORTS [2003] SUPP. 4 S.C.R. A P.C. Jain, Balbir Singh Gupta, R.N. Kush, Prem Malhotra and Vinay K. Garg for the appearing parties. The Judgment of the Court wa~ delivered by B ARIJIT PASAYAT, J. : These two appeals are interlinked being directed against the same judgment of the Punjab and Haryana High Court. While Criminal Appeal no. 242/2003 is by the convicted persons, Criminal Appeal no. 243/2003 is by the informant. The three appellants in Criminal Appeal No. 242/200.3 have been found guilty of offence punishable under Section 302 read with Sections 34 and 120-B of the Indian Penal Code, C 1860 (for short the 'IPC'). While accused-appellants Dharambir and Joginde~ were awarded death s.entence by learned Sessions Judge, Hisar, appellant-Karambir was sentenced to undergo imprisonment for life. Each of the accused persons was asked to pay a fine ofRs. 25,000 each. In appeal . iJ E before.the High Court, the death sentence was commuted to life sentence in case. of accused-Dharambir and Joginder. The convictions, however, were. maintained. It is to be noted that accused-Joginder, as per the information given to this Cou'rt by learned.counsel for the appellants, has died during pendency of the appeal and, therefore, the appeal so far he is concerned, has abated. The backgrounds facts are as under: Appellants (Dharambir, Joginder Singh and Kara~bir) along with their two real brothers - Jagbir Singh and Jasbir Singh and their mother Vanaspati, in all six accused, were charged sheeted by the learned trial F Court on the allegations that about 7-8 days prior to the date of occurrence i.e. 29.6.2000, in the area of village Mayyar, resolved to do an illegal act to commit the. murder. of Dalbir; Vijender and Smt. Kitabo and they murdered them in pursuance of the said agre~m~nt and thereby committed offence under Section 120-B IPC. The second charge against the appellants G was.that on 29.6.2000 at about 10.30 p.m. in the area of the said village and in pursuance of their conspiracy, they _murdered Dalbir, Vijender. and Smt. Kitabo and thereby committed an offence punishable under Section 302 read with Section 120-B IPC. Thirdly, on the same day, time and place, :! appellant-Dharambir in furtherance of common intention of co-accused H Joginder and Karambir committed murder by intentionally causing the - PREM SAGAR v. DHARAMBIR [PASAYAT, J.) 1039 death of Dalbir and thereby he committed an offence punishable under A Section 302 IPC while his co-accused Joginder and Karambir committed an offence punishable under Section 302/34 IPC. Fourthly, on the same ·day and in the said area of village Mayyar and in furtherance of common intention Dharambir and Joginder committed murder by intentionally causing the death of Kitabo and thereby they committed an ·offence B punishable under Section 302 read with Section 34 IPC. Fifthly, on the· same day, time and place and in furtherance of their common intention, all the three appellants did commit murder by intentionally causing the death of Vijender and thereby committed
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