AIR2009SC2609, 2009(2)ALD(Cri)585, JT2009(6)SC358, 2009(6)SCALE388, (2009)6SCC667, [2009]7SCR182

The High Court noted that the whole incident is extremely revolting, it shocks the collective conscience of the community and the aggravating circumstances have utweighed the mitigating circumstances in the case of accused persons 1, 2 & 4; but held that in the case of others it was to be altered to life sentence. The High Court itself noticed that five members of a family were brutally murdered, they were not known to the accused and there was no animosity towards them. Four of the witnesses were of tender age, they were defenseless and the attack was without any provocation. Some of them were so young that they could not resist any attack by the accused. A minor girl of about fifteen years was dragged in the open field, gang raped and done to death. There can be no doubt that the case at hand falls under the rarest of rare category. There was no reason to adopt a different yardstick for A2, A3 and A5. In fact, A3 was the main person. He assaulted PW1 and took the money from the deceased.33. Above being the position, the appeal filed by the accused persons deserves dismissal, which we direct and the State’s appeal deserves to be allowed. A2, A3 and A5 are also awarded death sentence. In essence all the six accused persons deserve death sentence.

CrPC, 1973

Indian Penal Code, 1908