SC commutes death sentences of 2 to life term without remission
New Delhi, July 17 -- The Supreme Court on Wednesday ordered two death row convicts, in separate cases, to remain in jail for the rest of their lives without remission considering reports of their social background study, psychological analysis and the mitigating factors to save them from the gallows.
The bench of justices Vikram Nath, Sanjay Karol and Sandeep Mehta, which decided both cases, underlined that in death penalty cases, the high courts should consider the psychological analysis and the social setting of the convict and not rely solely on the brutality of crime while affirming punishment.
The first instance was from Karnataka where a man hacked to death his wife, sister-in-law and three children on a belief that his wife had an immoral character and the three children were born as a result of such immoral activities. The incident was of 2017 and both the trial court and Karnataka high court sentenced him to death.
The convict in the second case from Uttarakhand, also suffered consecutive death penalty orders from the trial court and high court, in a case where he raped and murdered a minor girl in Dehradun in 2018.
The bench relied on a 2023 ruling by the Supreme Court in Manoj vs State of MP that set a precondition for courts to send a person to the gallows only after due consideration of the entire facts and circumstances that have landed the person at the "precipice of death". The court noted that in the two cases, this rule was somewhat given a miss as the high court failed to examine the social and psychological backdrop of the convicts...
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