Review of Death Penalty IV

There is no doubt that the socio-economic factors relating to a convict should be taken into consideration for the purposes of deciding whether to award Life Sentence or Death Sentence. The consideration of socio-economic factors is tied up with another important issue and that is whether the convict has had adequate legal representation. It would be wise if impressions gathered on what is perceived to be public opinion or collective conscience of the society are eschewed while sentencing a convict found guilty of a grave or brutal crime. The socio-economic condition was a significant factor that ought to have been taken into consideration by the Trial Court as well the High Court while considering the punishment to be given. The Death Sentence awarded is converted into a Sentence of Imprisonment for Life.”

Hon’ble Justice Madan B. Lokur, M.A. Antony v. State of Kerala, Review Petition [Criminal] No. 245 of 2010.