Review of Death Penalty III

A convict is sent to jail with the hope and expectation that he would make amends and get reformed. A positive change on a Death Row Convict should weigh the Court. The conduct of the convict in prison cannot be lost sight of.

We are of the view that a time has come where we view the need for Death Penalty as a punishment, especially its purpose and practice. It is necessary to re-examine the need for Death Penalty.

After all, the society’s perspective is generally formed by emotionally charged narratives. Such narratives need not necessarily be legally correct, properly informed or procedurally proper. It has almost become a trend for the investigating agency to present their version and create a cloud in the collective conscience of the society regarding the crime and the criminal. This undoubtedly puts mounting pressure on the Courts at all the stages of the trial. The fact that the Death Row Convicts are hanging between life and death are to be duly considered. Every Death Penalty Case must adhere to the strictest and highest constitutional standards. Our conscience cannot allow anything less than that.”

Hon’ble Justice Kurian Joseph, Chhannu Lal Verma v. The State of Chattisgarh, [Criminal Appeal Nos. 1482-1483 of 2018].

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We have had the privilege of going through the Erudite Judgment delivered by Justice Kurian Joseph. We are in full agreement with all that is stated. Except:

There is no need to re-examine.

Constitution Bench in Bachan Singh, (1980) 2 SCC 684 has upheld Capital Punishment.”

– Hon’ble Justice Deepak Gupta and Hon’ble Justice Hemant Gupta, Chhannu Lal Verma v. The State of Chattisgarh, [Criminal Appeal Nos. 1482-1483 of 2018].