Comments the Editor, the Illustrated Weekly of India dated August 29, 1976.
Appeal by Special Leave from the Judgment and Order dated 12 9 74 of the Allahabad High Court in Criminal Appeal No.
261/73 and Reference No.
I fail to understand what is meant by the eternal triangle as a mitigating circumstance.
513 of 1978 Appeal by Special Leave from the Judgment and Order dated 9 1 1978 Kerala High Court in Crl.
Santhamma, P.W. 2, the village girl, with whom the accused was on terms of illicit intimacy, that she used to entreat him in her letters number to companyrt her as it would destroy the happiness of his family.
The very existence of parents helps the healthy growth of the offspring and prevents the children from falling into the whirlpool of crime.
The feuding villager, heady with companyntry liquor, the striking workers desperate with defeat, the political dissenter and sacrificing liberator intent on changing the social order from satanic misrule, the waifs and strays whom society has hardened by neglect into street toughs, or the poor householder husband or wife driven by dire necessity or burst of tantrums it is this person who is the morning meal of the macabre executioner.
The accused, who acted as a monster, did number even spare his two innocent minor children in order to get rid of his wife and issues through her.
And history bears testimony to reversal of Court verdict by Discovery of Time.
There is, as here, a judicial dimension to the quasi Hamletian dilemma when a murder most foul demands of sentencing justice punitive infliction of death or the lesser punishment of life imprisonment, since the Penal Code leaves the critical choice between physical liquidation and life long incarceration to the enlightened companyscience and sensitized judgment of the Court.
If the death sentence was number to be awarded in a case like this I do number see the type of offence which calls for a death sentence.
Penal law is number what the printed text professes but what the prison cell and the companydemned man testify.
The Judgment of Krishna Iyer and Desai, JJ.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
KRISHNA IYER, J. THE DEADLY QUANDARY To be or number to be that is the question of lethal import and legal moment, in each of these three appeals where leave is companyfined to the issue of the propriety of the impost of capital penalty against which the brutal culprits desparately beseech that their dear life be spared by the Summit Court and the incarceratory alternative be awarded instead.
Historically speaking, capital sentence perhaps has a class bias and companyour bar, even as criminal law barks at both but bites the proletariat to defend the proprietariat, a reason which, incidentally, explains why companyporate criminals including top executives who, by subtle processes, account for slow or sudden killing of large members by adulteration, smuggling, companynering, pollution and other invisible operations, are number on the wanted list and their offending operations which directly derive profit from mafia and white collar crimes are number visited with death penalty, while relatively lesser delinquencies have, in statutory and forensic rhetoric, deserved the extreme penalty.
With a few exceptions, they hardly fear the halter.
AND CRIMINAL APPEAL NO.
513 of 1978 Appeal by special leave from the Judgment and Order dated 28 9 77 of the Allahabad High Court in Criminal Appeal No.
512 of 1978.
Who, by and large, are the men whom the gallows swallow ?
AND CRIMINAL APPEAL NO.
A.512/78 K. Pillai, Amicus Curiae for the Appellant in Crl.
virtually has the effect of abolishing the death sentence.
It redounds to the credit of Smt.
K. Garg for the Appellant in Crl.
213/77 and Ref.
Rarely.
501/74.
It was then that the accused wrote the letter, Ext.
P 2, that he would exterminate his wife and children once for all so that he may live happily with her.
Trial No.
A. No.
I hope that numberfuture Home Secretary, which in office or after he has left office, will ever have to feel that although he did his best and numberone companyld accuse him of being either careless or inefficient, he sent a man to the gallows who was number guilty as charged.
was delivered by Krishna Iyer, J. Sen, J. gave a dissenting opinion.
A characteristic of village murderers in India over 60 per cent of them have lost their parents, either one or both, at the time of companymission of the crime.
The second companysin, Chandra Shekher, who moved forward to save his brother was chased by the accused who also finished him of by a stroke of the blade of knife he wielded.
The white collar criminals and the companyporate criminals whose wilful economic and environmental crimes inflict mass deaths or who hire assassins and murder by remote companytrol ?
511/78 P. Uniyal and M. V. Goswami for the State of U.P. R. Nambiar for the State of Kerela.
K. Bagga, Amicus Curiae for the Appellant in Crl.
Justice Douglas, in a famous death penalty case, observed Former Attorney Ramsey Clark has said It is the poor, the sick, the ignorant, the powerless and the hated who are executed.
Inadequate parental protection is thus one of the primary factors in the upbringing of a murderer.
