Review of Death Penalty XLII

Posted on by Rudrajyoti Nath Ray

We need to examine whether possibility of reformation is completely ruled out. Sambhubhai was 24, had no criminal antecedents and hails from a low socio-economic household as The Mitigation Investigation Report, filed by Project 39A, indicates. The Mitigation Report further indicates, Sambhubhai maintains family ties with his 64-year-old Mother who takes care of his 10-year-old Daughter. Sambhubhai’s Wife has deserted him. Report from Superintendent of Vadoara Jail indicates, behaviour is completely normal and conduct is good. Report from Hospital for Mental Health indicates, Sambhubhai has no psychiatric problem at present. Be that as it may.

Considering overall facts and circumstances, it cannot be said, possibility of reformation is completely ruled out. Applying Nawas v. State of Kerala, (2024) SCC OnLine SC 315 we find “a just dessert“.

25 Years Imprisonment; No Remission.

– Hon’ble Justice K.V. Viswanathan, Sambhubhai Raisangbhai Padhiyar v. State of Gujarat, [Special Leave Petition (Criminal) Nos. 9015-9016 of 2019].  

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We are of considered view, circumstances form an unbroken chain pointing unmistakably to Deen Dayal Tiwari. Despite heinous nature of crime, Court in State of Uttar Pradesh v. Krishna Master, (2010) 12 SCC 324 commuted Death Sentence. Court in Dhawal Khairnar (Patil) v. State of Maharashtra, (2002) 2 SCC 35 held, crime could not be classified as ‘rarest of rare’.

Life Imprisonment till Last Breath.

– Deen Dayal Tiwari v. State of Uttar Pradesh, [Criminal Appeal Nos. 2220-2221 of 2022] decided on 16.01.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.