SHEIKH ISHAQUE AND ORS. versus STATE OF BIHAR

Citation: [1995] 2 S.C.R. 692 · Decided: 10-03-1995 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Dismissed
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Judgment (excerpt)

A 
SHEIKH ISHAQUE AND ORS. 
v. 
STATE OF BIHAR 
·MARCH 10, 1995 
B 
[DR. A.S. ANAND AND K.S. PARIPOORNAN, JJ.) 
Indian Penal Code-Section 302 read with S.34-Death sen-
tence-Rarest of the rare case-Eleven accused charged and convicted and 
sentenced to death-High Court maintaining the conviction-Number of vic-
C tims alone would not make the case "RAREST OF THE RARE"-Sen.tence 
of death commuted to sentence for imprisonment for life. 
Code Of Criminal Procedure-Section 354(3 )-Mandate of the section 
does not prove 'an eye for eye' approach. 
D 
The complainant was sleeping in the night on the roof of his house. 
His two sons and his elder brother were sleeping in the shop house. On 
hearing bomb explosion the complainant woke up and went towards his 
shop house with some members of the family. Chowkidar raised alarm. 
They heard the accused shout that all the family members would be 
E finished on that day. Complainant could identify two of the accused by 
their voice. On reaching near the shop house complainant saw smoke 
coming out of the shop house and four/five persons standing in the lane 
and shouting that nobody should be left alive and that all of them should 
be bumt to death. Instantly two bombs exploded and some gun shots were 
fired. Assailants ran away. P.W. 3 after breaking a window entered the 
F shop house and found the brother and sons of the complainant was bumt 
to death. 
In all eleven accused faced the trial. 
Trial Court convicted all the accused for offences under Section 
G 302/304 and section 436/34, Indian Penal Code. The four accused-appel-
lants were sentenced to death and the remaining seven accused were 
sentenced to undergo imprisonment for life. No separate sentence was 
imposed for the offence under section 436/34, Indian Penal Code. 
H 
The convicts filed two appeals in the High Court. 
692 
\ 
.... 
SHEIKH ISHAQUE v. STA TE OF BIHAR 
693 
The High Court acquitted the seven accused who were sentenced to A 
imprisonment for life, giving them benefit of doubt and maintained the 
conviction of the rest of four who were sentenced to death. Hence this 
appeal. 
Dismissing the appeal but commuting the sentence of death to 
sentence for imprisonment for life, this Court 
B 
HELD :1. The imposition of proper sentence is an obligation on the 
Court and even if no argument had been addressed on behalf of the 
appellants the Court was expected to take note of the legislative intende-
ment relating to the award of cap!tal punishment as manifest from the C 
provisions of Section 354(3) Code of Criminal Procedure and award an 
appropriate sentence, after taking into account the aggravating as well as 
the mitigating circumstances. (702-A] 
2. All relevant factors and circumstances bearing on the question of 
sentence are to be taken note of and only after giving due weight to the D 
same, the court should proceed to impose the capital sentence. (702-B] 
3. An eye for an eye approach is neither proper nor desirable. The 
mandate of Section 354(3), Code of Criminal Procedure does not approve 
of it. (702-D] 
4.1 Under section 354(3) Code of Criminal Procedure sentence of 
death can be awarded only in the "RAREST OF THE RARE CASES" and 
that too after recording "special reasons" [702-D] 
4.2 The number of victims alone would not make the case "RAREST 
OF THE RARE" (701-G] 
CRIMINAL APPELLATE JURISDICTION 
Criminal Appeal 
Nos. 600-601 of 1994. 
E 
F 
From the Judgment and Order dated 18.8.94 of the Patna High Court G 
in Crl. A. No. 215/92 and Death Reference No. 5/92. 
Shakil Ahmed Syed, M. Taiyab Khan and Shad Anwar for the 
Appellants. 
H.L. Agrawal and B.B. Singh for the Respondent. 
H 
694 
SUPREME COURT REPORTS 
(1995) 2 S.C.R. 
A 
The Judgment of the Court was delivered by 
DR. ANAND, J. On the night intervening 14th and 15th of July 1990, 
the complainant was sleeping oh the roof of his house and his two sons 
Ram Sunder Bhagat and Pankaj @ Kapil Dev Bhagat were sleeping in the 
B shop-house alongwith Durga Bhagat, the elder brother of the complainant. 
On hearing the noise of a bomb explosion, the complainant woke up and 
went towards his shop- house. Chowkidar Gulabi Paswan who was present 
there was raising alarm. Some members of the complainant's family also 
came out and rushed tO\yards the scene of occurrence and when they 
reached near the house of Banarsi Shah, they heard the exhortation of the 
· C accused party that the family members of Ram Sunder Bhagat would be 
finished on that
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