Review of Death Penalty VII

High Court of Madhya Pradesh confirmed the Death Sentence. Learned Senior Counsel, Sri Sanjay R. Hegde contended: there is no acceptable and convincing evidence to prove guilt beyond reasonable doubt; prosecution has failed to prove concept of ‘last seen’; no examination/consideration of mitigating circumstances/relevant aspects: socio-economic background, lack of criminal antecedents, possibility of reform; no representation until the date of framing charge; Life Imprisonment is a rule and Death Sentence is an exception.

Appellant was denied proper legal assistance; is a manhole worker; aged about 50 Years. There is no finding that there is no possibility of reformation. Applying the test on the touchstone of case law discussed, we are of the view that case on hand will not fall within the ‘rarer of rare’ cases. We modify the sentence: Life Imprisonment; 25 Years – No Remission.”

 Hon’ble Justice R. Subhash Reddy, Nand Kishore v. State of Madhya Pradesh, [Criminal Appeal No. 94 of 2019].