SARVESHWAR PRASAD SHARMA versus STATE OF MADHYA PRADESH

Citation: [1978] 1 S.C.R. 560 · Decided: 26-09-1977 · Supreme Court of India · Bench: P.K. GOSWAMI · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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B 
c 
560 
SARVESHW AR PRASAD SHARMA 
v. 
STATE OF MADHYA PRADESH 
September 26, 1977 
(P. K. GOSWAMI AND JASWANT SINGH, JJ.] 
Sentence-Sentence of death, special reasons as req11ired under s. 354(3) of 
the Crbninal Procedure Code (Act II of 1974), 1973 recorded by tile Sessions 
and the High Cottrt-lnterference by the Suprenie Court under Art. 136 only in 
special cases. 
The appellant, a qualified medical practitioner, was convicted for nine grue-
some, murders of his friend, the latter's wife, aged parents, two sons and three 
daughters of the age of16, 13, 8, 5 and 3 respectively, entirely on circun1stantial 
evidence and was sentenced to death. The entire family was exterminated due 
to greed for cash. ornaments and other valuables. The Sessions and the Htgh 
Court gave convincing and- special reasons for passing the death sentence. 
Dismissing the specia·l leave which is limited to the question of sentence, 
the Court, 
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D 
E 
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HELD : La\V directs the course of the court. After enactment of the Cri-
minal Procedure Code in 1973 (Act 2 of 1974), 
the judgment in a murder 
case "shall state the special reasons" for a sentence of death, only in special 
cases with recording of reasons so that these may be examined by superior courts. 
None of the guidelines indicated by this court in several decisions in this pro-
blem aorea of life and death as a result of judicial verdict can be cut and Ory 
nor exhaustive. 
Each case will depend upon the totality of the facts and cir-
cumstances and other matters revealed. 
In the instant case the horrid enormity 
of the crime with a deliberate motive of wrongful gain cannot be minimised 
when considering the appropria-te sentence. 
The special reasons 
mandat~ 
under the law are duly recorded by both the High Court and the Trial Court 
and those are adequate to justify the sentence of death in these 
cruel 
and 
diabolical murd.ers [561 E-F, 562 Fl 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 342 of 
1971. 
Appeal by Special Leave from the Judgment and Order dated 
13-4-77 of the Madhya Pradesh High Court in Criminal Appeal No. 
37177 and Death Reference No. 1177. 
Mohan Behari Lal (amicus mriae) for the Appellant. 
l. N. Shroff for the Respondent. 
The Judgment of the Court was delivered by 
G 
GOSWAMI, J. We have granted special leave in this case limited to 
the question of sentence and heard the learned counsel, appearing as 
, 
H 
amicus curiae and also for the State. 
1 
These are gruesome murders wiping out a11 entire ·family of nine 
persons including two infants. 
The accused (31), Bachelor of Ayurvedic Medicine and Surgery 
(B.A.M.S.), a qualified medical practitioner, was a close friend of one 
of the deceased, Ram Swaroop ( 40), who was an Upper Division 
Clerk in the Madhya Pradesh Girls N. C. Battalion at Gwalior. The 
s. P. SHARMA v. MADHYA PRADESH (Goswami, J.) 
561 
accused lived only about a furlong away from the deceased. 
De-
ceased Ram Swaroop used to 
practise Homoeopathy as his hobby. 
Them was thus a certain degree of common interest between the accus-
ed and deceased Ram Swaroop. 
Karn Swaroop had his parents, aged 60 years, his wile (35 l. tilcir 
two sons and three daughters of the age of 16, 13, 8, 5 and 3 respec-
tively. As stated earlier, the entire family was exterminated. Cash, 
ornaments and other valuables were also removed at the same time. 
Murder was committed on the night of 4th July, 1976 and the dead 
bodies were locked up inside the room and the house was locked from 
outside. 
On 6th July foul smell was emitted from the closed house 
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B 
and the police was informed. 
The house was broken open by the 
C 
police and the nine dead bodies were recovered. 
There is no direct evidence as to who actually committed the crimb 
or even \Vhether there was more than one person taking part in tJ11s 
dastardly crime. The accused stood convicted entirely on circun1sta n-
tial evidence and his conviction is, now beyond question. 
We have heard learned counsel of both sides on the question ot 
sentence. The recent benign direction of the penal law is towards lire 
sentence, as a rule, and death as an exception awarding of which must 
be accompanied by recorded reasons. 
This Court has in several decisions indicated guidelines 
in this 
problem area of life and death as a result of judicial verdict but none 
of these guidelines can be cut and dry nor exhaustive. Each case will 
depend upon the totality of the facts, circumstances and

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