2014III AD (S.C.) 434, 2014(3)SCALE344

Criminal - Conviction - Test Identification Parade - Absence thereof - Sections 161 and 313 of Criminal Procedure Code, 1973 and Sections 302, 326 and 436 of Indian Penal Code, 1860 - Appellant/Accused was awarded capital punishment for offences of murder, grievous hurt and mischief by fire by considering it as rarest of rare case - However, no Test Identification Parade (TIP) was conducted at time of investigation - Hence, present appeal - Whether death penalty awarded to Accused by considering it rarest of rare case was maintainable whereby there was no TIP - Held, Accused was known to witnesses and they identified him by his face - Since Accused persons were known to witnesses and they were identified by face, fact that no TIP was conducted at time of investigation, was of no consequence - Oral evidence tendered by witnesses also confirmed involvement of Appellant in alleged offences - Accused also made admission of guilt that victims sustained bullet injuries by firing of him and his associates - However, impugned order put entire elements of crime on Accused which could not be sustained - Crime perpetrated by group of people, could not have been thrown upon Accused alone - Hence, participation and involvement of Appellant had been proved beyond reasonable doubt but it was not rarest of rare case - Conviction modified from capital punishment to imprisonment for life - Appeal disposed of.