death penalty

Question 1

list the cases relating to death penalty

Answer 1

1. bachan singh v state of punjab
2. macchi singh v state of punjab
3. dayanand bisoi v state of orissa
4. dhana v state of west bengal
5. jaganmohan
6. sangeeth v state of haryana
7. sebatsian v state of kerala
8. amit singh v state of up
9. mohd chaman v state
10. rajesh kumar v state
11. ravindra trimbak chouthmal v state of maharashtra
12. om prakash v state of uttranchal

Question 2

bachan singh v state of punjab

Answer 2

1. rarest of rare doctrine.
2. judges should not be blood thirsty
3. death penalty only when the alternative is unquestionably foreclosed.

Question 3

macchi singh v state of punjab

Answer 3

1. gravest case of extreme culpability
2. balance sheet of aggravating and mitigating factors
3. life imprisonment is the rule and death penalty is the exception.

Question 4

dayanand bisoi v state of orissa

Answer 4

1. rarest of rare case
2. aggravating and mitigating circumstances
3. special reasons for awarding death penalty

Question 5

dhana v west bengal

Answer 5

1. courts should keep in mind the public abhorrence of crime
2. rights of not just the criminal but also the victim and the society at large need to be considered

Question 6

ravindra trimbak chouthmal v state of MH

Answer 6

1. engineer killed 8 month preggo wife bcs he wanted to remarry for higher dowry
2. no death penalty because dowry deaths aren’t rare anymore

Question 7

om prakash v state of uttranchal

Answer 7

1. cold blooded murder by servant for vengeance
2. held beyond reform by the court

Question 8

jaganmohan

Answer 8

1. judges have wide discretion to decide on cases of death penalty
2. no max punishment is given
3. facts and circumstances are diff so not violative of art 14
4. lawful so not violative of 21

Question 9

sangeet v state of haryana

Answer 9

1. ram phal believed victims did black magic on his son due to which he died. he ruthlessly murdered them. seema’s body was alo burnt from below the waist. amardeep was the sole survivor and the star witness
   ratio-
2. against the aggravating and mitigating approach
3. judge centric focus instead of principle centric

Question 10

mohd chaman v state

Answer 10

1. raped 1.5 year old infant
2. humanised approach- death penalty reduced to life imprisonment

Question 11

sebatsian v state of kerala

Answer 11

1. raped and murdered a two yr old
2. pedophile w violent tendencies
3. 354, 376, 302 etc

Question 12

amit kumar v state of up

Answer 12

1. raped and murdered a three year old.
2. death penalty reduced to LI because no prior criminal record

Question 13

rajesh kumar v state

Answer 13

1. murdered one 4.5 years+8 months
2. death penalty reduced to LI because state had not shown any evidence that he was incapable of rehabilitation.