Report 202 – Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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hold that a gruesome and cruel incident did take place and yet did
not think it appropriate to affirm a sentence of death and
commuted to life imprisonment. The Hon’ble Apex Court held
that:
“We feel that although the murders had been committed in a
premeditated and calculated manner with extreme cruelty
and brutality, for which normally sentence of death will be
wholly justified, in the special facts of the case, it will not be
proper to award extreme sentence of death.”
2.8.4 In “Sheikh Abdul Hamid & Anr. Vs State of M.P. (1998)
3 SCC 188” the Hon’ble Supreme Court has held that:
“Special reasons given by the trial court in awarding death
sentence to the appellants and confirmed by the High Court,
were that it was such a cruel act where the appellants have
not even spared the innocent child and the motive being to
grab the property. We have given our earnest consideration
to the question of sentence and the reasons given by the
High
Court for awarding death sentence to the appellants. Having
regard to the guidelines stated above, it may be noticed that
in the present case it was not pointed out by the prosecution
that it was a cold-blooded murder. There is nothing on
record to show how the murder has taken place. In the
absence of such evidence, we do not find that the case