Holding

The Court held that the case does not qualify as "rarest of rare" and therefore the death penalty was not warranted.

Summary

Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case qualified as a "rarest of rare" offence warranting capital punishment, considering aggravating factors such as the brutality and pre‑meditation, and mitigating factors including the accused’s young age, clean record, mental disturbance caused by persistent harassment, and lack of threat to society. Relying on precedents governing the death penalty, the Court held that the circumstances did not meet the "rarest of rare" threshold. Consequently, the death sentence was commuted to life imprisonment.

Issues considered

Whether the murders constitute a "rarest of rare" case justifying the death penalty under Section 302 IPC.
Whether the mitigating circumstances (mental disturbance, age, clean record, possibility of reform) outweigh the aggravating circumstances.
Whether the death sentence should be confirmed or commuted to life imprisonment.

Legislation cited

Arms Act, 1959s. 25
Code of Criminal Procedure, 1973s. 354(3)
Indian Penal Code, 1860s. 302, s. 307, s. 34, s. 452, s. 506

Subjects

murderdeath penaltyrarest of raremitigating circumstancesmental disturbancepremeditationcommutationlife imprisonmentIPC Section 302sentencing

Judgment

A OM PRAKASH
;l
v.
STATE OF HARYANA
r

FEBRUARY 22, 1999

B (K.T. THOMAS AND M.B. SHAH, JJ.] t
'
Oiminal Law : . ·--
Penal Code, 1860 : Section 302.
c Gmesome mu"rde,.._!'Rarest of rare' cases-Death sentenc.e ot imprison-
ment for life-Adequacy of-Mental state of accusedt-Consideration of-f'er-
sistent disputes over a small house between two neighbours led to the
gmesome murder of seven persons-Murder committed with pre-meditation
and in a well-thought out manner-Accused was mentally disturbed due to
D constant harassment and humiliation of his f amity members by the deceased
. '
persons who were rich and influential-No protection given to accused despite
...
repeated written prayers-Accused aged 23, was a disciplined member of
paramilitary force and had no criminal dntecedents-Held, court must
balance the mitigating and aggravating circumstances of the crime before
E imposing sentence-Under these circumstances, the case cannot be treated as
one of the 'rarest of rare' cases-Criminal Procedure Code, 1973, S.
354(3)-Criminal Trial.

The appellant-accused was convicted. by the trial court for an offence
under Section 302 of the Penal Code, 18.60 and sentenced to death. The
F High Court confirmed the conviction anft sentence. Hence this appeal.
(
According to the prosecution, persistent disputes over a small house
in a village between two neighbours led to the gruesome murder of seven
persons. The murders were committed by the accused, a member of the
Border Security Force, with pre-meditation and in a well thought out
G
manner.

On behalf of the appellant-accused it was contended that accused
was in a state of extreme mental disturbance caused by constant harass-
ment and humiliation of his family members by the deceased persons who
H were rich and influential; that despite repeated written prayers accused
794
OM PRAKASH v. STATE 795

did not get the protection from the concerned authorities; that the accused A
aged 23 was a disciplined member of paramilitary force, at the relevant
time and had no criminal antecedents; that this case was not one of the
"rarest of rare" cases and, therefore, sentence of imprisonment for life
would be adequate to meet the ends of justice.

Allowing the appeal, this Court B
.
-· HELD : 1. It is true that court must respond to the cry of the society
and to settle what would be deterrent punishment for abominable crime.
It is equally true that a large number of criminals go unpunished thereby
increasing criminals in the society and law losing its deterrent effect. It is c
also true that the exaggerated adherence to and insistence upon the
establishment of proof beyond every reasonable doubt, by the prosecution,
ignoring the ground realities, the fact-situation and the peculiar cir-
cumstances of a given case often results in miscarriage of justice and
makes the justice delivery system a suspect; in the ultimate analysis the
D
society suffers and a criminal gets encouraged. Sometimes it is stated that
"
... the only rights of the criminals are kept in mind, the victims are forgotten .
Despite this it should be kept in mind that while imposing the 'rarest of
rare' punishment, i.e. death penalty, the Court must balance the mitigating
and aggravating circumstances of the crime and it would depend upon
particular and peculiar facts and circumstances of each case. (801-B-D] E

Suraj Bhan v. State of Rajasthan, (1996] SCC Criminal 1314; State of
M.P. v. Shyamsunder Trivedi, (1995] 4 SCC 262; Shankar v. State of Tamil
Nadu, (1994] 4 SCC 478 and Bachan Singh v. State of Punjab, (1980] 2 SCC
684, relied on. F
')'
2. In this case it appears from the application to the authorities that
the accused was all throughout feeling that he and his family members
were humiliated by the other party who were rich and influential and who
were intending to grab the plot/Ghar belonging to them. The applications
also reveal that for a period of more than three months the appellant was G
requesting the authorities to take action so that he and his family members
can live in peace. It was his allegation that the SHO of the Police Station
-~

was conniving with the other side and had demanded five thousand rupees
as ransom, which their family m.embers were unable to pay, therefore, no
action, was taken against the other party. (806-H; 807-A-D] H
796 SUPREME COURT REPORTS [1999) 1 S.C.R.

A 3. One has to consider whether the case of the appellant could be
one of the "rarest of the rare" cases so that death sentence is required to
be imposed. Even though this is a gruesome act on the part of the
appellant, yet it is a result of human mind going astray because of the
constant harassment of the family members of the appellant. It could be
B termed as a case of retribution or act for taking revenge. No doubt, it would
not be a justifiable act at all, but the accused was feeling morally justifiable
on his part. Hence, it would be difficult to term it as the "rarest of the rare"
cases. Further, this is not a crime committed because of lust for wealth or
women, that is to say, the murders are neither for money such as extortion,
dacoity or robbery; nor even for lust and rape, it is not an act of anti-social
C element kidnapping and trafficking in minor girls or of" an anti-social
element dealing in dangerous drugs which affects the entire moral fibre of
the society and kills a number of persons, nor is it a crime committed for
power or political ambitions or part of organised criminal activities. It is
a crime committed by the accused who had a cause to feel aggrieved for
D injustice meted out to his family members at the hands of the family of the
other party who according to him were strong enough physically as well as
economically and having influence with the authority which was required ...
to protect h!m and his family. The bitterness increased to a boiling point
and because of the agony suffered by him and his family members at
the hands of the other party and for not getting protection from the
E police officers concerned or total inaction despite repeated written
prayers goaded or compelled the accused to take law in his own hands
which culminated in gruesome murders; may be that his mind got
derailed of the track and went astray or beyond control because of
extreme mental disturbances for the constant harassment and disputes.
p Further considering the facts and circumstances, it cannot be said that
he would be a menace to the society, there is no reason that he cannot ,,
/
be reformed or rehabilitated and that he is likely to continue the •
criminal acts of violence as would constitute a continuing threat to the
society. He was working in B.S.F. as a disciplined members of the armed
forces aged about 23 years at the relevant time, having no criminal
G antecedents. Therefore, this case cannot be treated as one of the 'rarest
of rare' cases where lesser sentence of imprisonment for life would not
at all be adequate. [807-G-H; 808-A-F]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
H 224 of 1999.
OM PRAKASH v. STATE [SHAH, J.] 797
From the Judgment and Order dated 23.9.97 of the Punjab & A
Haryana High Court in M.R. No. 3 of 1997.

Rakesh Dwivedi, Ms. V. Mohana, (A.C.), Vinay Garg and Vikas
Bansal for the appellant.

Mahabir Singh for the Respondent/Complainant. B
B.S. Chahar, Ms. Jyoti Chahar and Prem Malhotra for the State.

The Judgment of the Court was delivered by

SHAH, J. Leave granted. c
At the time of admission of this matter, the Court had issued notice
limited to the question of sentence only. Hence, the question involved in
this appeal is whether death sentence imposed requires to be confirmed
on the ground that it is the rarest of the rare cases? Whether sentence of
imprisonment for life would be inadequate? This is a case in which per- D
--' sistent disputes over a small house in a village between two neighbours and
inaction by the authority (despite repeated prayers), led to this case of
gruesome murders of seven persons, some totally innocent.

Before dealing with the contentions raised by the learned Counsel E
for the appellant, we would first refer to a few facts. It is a prosecution
version that on 28th January, 1990, Chater Singh (P.W. 4) along with his
wife deceased Smt. Daya Kaur was sleeping at his house and his brother
Satbir, his wife Smt. Kamlesh and mother Smt. Khazani (deceased) were
sleeping at the house of Satbir while inside the house of Satbir, Satbir and
two male progeny of Chater Singh, Aman Kumar and Mohinder and one F
male progeny Surender of Hawa Singh (P.W. 5) were sleeping. Around
4.00 a.m., Chater Singh saw torch light emanating from the window of his
house, upon which he and his wife got up from their cots and saw Parma
Nand accused holding a torch in his hand and Ajit Singh accused (since
dead) standing by his side holding a gun. Ajit Singh fired a shot from his G
gun, which hit the breast of Smt. Daya Kaur who fell down and met her
doom. He raised an alarm, whereafter Ajit Singh accused entered his house
from the rear door and fired at Chater Singh from his gun which hit the
fingers of his right hand. Chater Singh caught hold the barrel of the gun
but Ajit Singh got it freed and handed over his weapon to Om Prakash
accused present in the court yard of the house. It is stated that one other H
+
798 SUPREME COURT REPORTS (1999) 1 S.C.R.
A person not known to Chater Singh was also present in the street. Thereafter
all the four reached the house of Satbir followed by Chater Singh and Hawa
Singh and there accused Om Prakash frred from his gun hitting Smt.
Kamlesh wife of Satbir and Smt. Khazani who succumbed to the injuries.
Thereafter, the assailants headed towards the house of Satbir where Chater
Singh and Hawa Singh had already reached. At that place, Om Prakash
B frred indiscriminately from the gun and shot dead Satbir, Mohinder, Aman
Kumar male progeny of Chater Singh and Surender son of Hawa Singh
(P.W. 5). It is stated that after committing the gruesome murder of 7
persons accused Parma Nand made out that they had taken the revenge
regarding the plot in dispute and dared anybody to confront them at the
C risk of elimination. All the accused thereafter fled away with their weapon
of offence. After departure of the accused, many persons collected. Leav-
ing Hawa Singh at the spot, Chater Singh rushed to the Police Station,
Sampla and lodged F.l.R. at Ex. PJ at 7.30 a.m. During investigation,
weapon of offence, that is, S.L.R. (self loading rifle) which the accused Om
Prakash surrendered with the BSF authorities, where he remained posted,
D was collected and was sent to the Bureau, Forensic Science Lab. Mad-
huban alongwith empties and bullets lifted from the scene of occurrence.
After completion of the investigation, accused were chargesheeted for the
offence punishable under Sections 302, 307 read with Section 34 of l.P.C.
Prior to trial, accused Ajit Singh had expired. In Sessions Case No. 341/90,
E the learned Sessions Judge, Rohtak by Judgment and Order dated 29th
March, 1997 convicted the accused Om Prakash and Parmanand under
section 302/307/452/506 read with Section 34 I.P.C. and under section 25
of the Arms Act after appreciating the evidence in detail.

The learned Sessions Judge observed that mitigating circumstances
F culled out by the learned Defence Counsel cannot save the convict Om
Prakash from the gallows, in case, the order of sentence is confirmed by
the High Court because on that ill-fated morning of 28.6.90, around 4.00
a.m., the bullets clawed through the aged (Khazani, 77 years) and middle
aged (Daya Kaur, 40 years), the young (Satbir 28-29 years, Kamlesh, 22
years) and the adolescent (Surender 16-17 years) and two boys below their
G teens (Aman Kumar and Mohinder aged 9/11-12 years). The attempt was
to wipe out the entire family of Mange Ram, both male and female. Victims
were sleeping, defenceless. Firing was restored to without any provocation
to wreck vengeance over the dispute of a plot, which had been amicably
settled with the intervention of relatives and friends, though accused Om
H Prakash had not relished the same. The children of Satbir Singh deceased
+
OM PRAKASH v. STATE [SHAH, J.] 799

were rendered orphan because he and his wife Kamlesh fell to the bullets A
(one of the survivor was a girl aged about six months). Lot of deliberations,
pre-meditation and planning had gone in the commission of the crime. It was
absolutely devilish and dastardly. The weapon which was meant to beat back
the intruders from the Indian Territory, was used to wreck personnal vendetta.
So, in respect of Om Prakash accused, the case falls within the category of
"rarest of rare cases". With regard to the co-accused Parma Nanci, the learned B
Sessions Judge convicted and sentenced him to undergo imprisonment for life
and to pay a fine of Rs. 2,000, in default of payment of fine to undergo R.I.
for two years. Conviction and sentence order is as under :

Om Prakash Under Section 302 Sentenced to death.
Accused. IPC, for committing
c
the murder of
Khazani, Kamlesh,
Satbir, Mohinder,
Aman Kumar &
Sur ender D
Under Section To undergo imprisonment for
302/34 'IPC, for the life and to pay a fine of Rs.
murder of Daya 2000 and in default of payment
Kaur Committed by of fine, to undergo R.I. for two
Ajit Singh. year E
Under Sec. 307/34 To undergo imprisonment for
IPC for the injuries life and to pay a fine of Rs.
caused by Ajit Singh 1000 and in default of payment
to Chater Singh with of fine to undergo R.I. for one ~

an intention to cause year. F
his death.
Under section 27(3) Since the S.L.R. bearing butt
Of the Arms Act, No. 362 and body No. W 7522
1959. is a prohibited Arm and the
prohibited ammunition was G
used in causing the murder of
Khazani, Kamlesh, Satbir,
Mohinder, Aman Kumar and
Surender, accused Om Prakash
is sentenced to death. H
-t--

800 SUPREME COURT REPORTS [1999] 1 S.C.R.

A Parma Nand Under Section To undergo imprisonment for ../..
Accused. 302/34 IPC for the life and to pay a fine of Rs.
murder of Khazani, 2000 and in default of payment
.< Kamlesh, Satbir, of fine to undergo R.I. for two
Mohinder, Aman years.
Kumar, Surender
B
and Daya Kaur.
,_
Under Section To undergo imprisonment for ,_
307/34 IPC, for life and to pay a fine of Rs.
causing injuries to 1000 and in case of default of
Chater Singh by Ajit payment of fine, to undergo
c Singh. R.I. for one year.

On appeal, after appreciating the entire evidence, the High Court of
Punjab and Haryana in Criminal Appeal No. 343/DB of 1997 confirmed
the conviction of the accused.
D ,,
Learned counsel for the appellant submittedthat finding given by the
High Court while confirming the death sentence requires to be set aside
because the Court has considered only one side of the picture and has not
appreciated the reasons which drove the appellant to this dastardly act. It
has been pointed out that High Court has observed that appellant was a
E
member of the Border Security Force and prior to present occurrence had
no serious dispute with the complainant party but for the matter pertaining
to the plot in question has belied the trust that the armed force had put in
him by betraying a:n utter lack of discipline; the murders were committed
with pre-meditation and in a thought out manner as would be reflected in
F the letter Ex. PX and the fact that he had absconded on 27th June, 1990 ;,

from his unit and had returned after having committed the crime. It was a ~

cold-blooded attack on 7 persons of a family, most of them being women
and children who had given no provocation to the accused and had caused
him no harm; an attack had been at the dead of night while they lay asleep;
G an attack had been made despite the compromise that had been entered
,
into between' Suraj Bhan, father of the accused and Chater Singh and
others; it appeared that murders were committed with a positive intention
of wiping out the families of Chater Singh and Hawa Singh. The Court after
considering ,the decision rendered in the case of Suraj Bhan v. State of
-
"'
~

H Rajasthan, (1996] S.C.C. (Criminal) 1314 held that the court must respond
+
OM PRAKASH v. STATE [SHAH, J.] 801
to the cry of society and to settle what would be a deterrent punishment A
for what was an apparently abominable crime.

It is true that Court must respond to the cry of the society and to
settle what would be deterrent punishment for abominable crime. It is
equally true that large number of criminals go unpunished thereby increas-
ing criminals in the society and law-loosing it deterrent effect. It is also B
truism as observed in the case of State of M.P. v. Shyarnsunder Trivedi and
Others, reported in (1995] 4 SCC 262 at p. 273 that the exaggerated
adherence to and insistence upon the establishment of proof beyond every
reasonable doubt, by the prosecution, ignoring the ground· realities, the
fact-situation and the peculiar circumstances of a given case often results c
in miscarriage of justice and makes the justice delivery system a suspect;
in the ultimate analysis the society suffers and a criminal gets encouraged.
Sometimes it is stated that only rights of the criminals are kept in mind,
the victims are forgotten. Despite this it should be kept in mind that while
imposing the rarest of rare punishment, i.e. death penalty, the Court must D
balance the mitigating and aggravating circumstances of the crime and it
would depend upon particular and peculiar facts and circumstances of
each case.

Dealing with this aspect in the case of Shankar v. State of Tamil
Nadu, (1994]4 sec 478 (para 50) this Court has observed as under : E

"The choice as to which of the two punishments provided for
murder is the proper one in a given case will depend upon the
particular circumstances of the case and the Court has to exer.:ise
its discretion judicially and on a well-recognised principles after p
balancing all the mitigating and aggravating circumstances of the
crime. The Court also should see whether there is something
uncommon about the crime which renders sentence of imprison-
ment of life inadequate and calls for death sentence. The nature
of the crime and the circumstances of the offender should be so
revealing that the criminal is a menace to the society and the G
sentence of imprisonment of life would be inadequate. The sen-
tence of death should be reserved for the rarest of rare cases after

) a due consideration of both mitigating and aggravating circumstan-
ces. What circumstances bring a particular case under the category
of rarest of rare cases vary from case to case depending upon the H

.,.
802 SUPREME COURT REPORTS (1999] 1 S.C.R.

A nature of the crime, weapons used and the manner in which it is
perpetrated etc."

In the aforesaid case, the Court referred to an earlier Full Bench
decision of this Court rendered in the case of Bachan Singh v. State of
Punjab, [1980] 2 SCC 684 wherein the Court after referring to aggravating
B circumstances (para 202), the Court held that following mitigating cir-
cumstances (para 206) are undoubtedly relevant circumstances and must )-
be given weightage in determination of sentence : ,-

(1) The age of the accused. If the accused is young or old, he
shall not be sentenced to death,
c
(2) The probability that the accused would not commit criminal
acts of violence as would constitute a continuing threat to
society.

D (3) The probability that the accused can be reformed and
rehabilitated. "

The State shall by evidence prove that the accused does
not satisfy the conditions (3) and (4) above.

E (4) That in the facts and circumstances of the case the accused
believed that he was morally justified in committing the of-
fence.

(5) That the accused acted under the duress or domination of
another person.
F
(6) That the condition of the accused showed that he was men-
tally defective and that the said defect impaired his capacity "
to appreciate the criminality of his conduct."

The Court further observed
G
"there are numerous other circumstances justifying the passing
of the lighter sentence; as there are countervailing circumstances
of aggravation. "We cannot obviously feed into a judicial computer
all such situations since they are astrological imponderables in an
H imperfect and undulating society". Nonetheless, it cannot be over-
+
OM PRAKASH v. STATE [SHAH, J.] 803
).r emphasised that the scope and concept of mitigating factors in the A
. area of death penalty must receive a liberal and expansive con-
struction by the courts in accord with the sentencing policy writ
large in Section 354(3). Judges should never be bloodthirsty. Hang-
ing of murderers has never been too good for them. Facts and
figures, albeit incomplete, furnished by the Union of India, show
that in the past, courts have inflicted the extreme penalty with
-B
--{
extreme infrequency - a fact which attests to the caution and
-· compassion which they have always brought to bear on the exercise
of their sentencing discretion in so grave a matter. It is, therefore,
imperative to voice the concern that courts, aided by the broad
illustrative guidelines indicated by us, will discharge the onerous c
function to evermore scrupulous care and humane concern,
directed along the highroad of legislative policy outlined in Section
354(3), viz., that for an exception."

. Hence it is settled law that sentence of death should be reserved for D
rarest of the rare cases where sentence of imprisonment of life would be
_,
!. inadequate. In each case for finding out whether it is rarest of the rare
cases, the Court has to balance the aggravating and mitigating circumstan-
ces. From the evidence on record, it is apparent that the accused had
committed gruesome murders of innocent persons. There is no doubt that
E
it is pre-meditated and in a well thought out manner. He was also a
member of Para Military Force. As against this, it is also on record that he
has not committed any offence on any previous occasion. At the relevant
time in 1990 when the incident took place, he was 23 years old. In this
background, if we refer to the evidence on record produced by the
,,. prosecution which is in the form of applications (letters) written by the F
"" appellant-accused to the authorities and to his brother Parma Nand, it
would reveal the background in which accused appellant was under ex-
treme mental disturbance which lead him commit serious crime. We may
mention that these applications/letters are used by the prosecution for
establishing the motive behind the crime but, at the same time, court G
overlooked the serious agony suffered by the accused which is revealed in
-. applications. First application dated 22nd March, 1990 is written to the
Deputy Commissioner, Rohtak for protection of his family members from
"'
the respondents and restrictioning them from encroaching on their plot.
The application, inter alia, reads as under : H
804 SUPREME COURT REPORTS [1999] 1 S.C.R.

A "On 2.2.90 the applicant went on leave to his village at the
ailment of his father. At that time the respondents raised the
matter & warranted me that he could go on his duty after-lifting
the encroachment from the plot. The opposite party have three
time family members to us. They are strong headed rich persons.
Seeing the opposition very strong, the applicant felt that the efforts
B a
, /wpuld go useless. He called panchayat to sortout the matter. The
· · Panchayat also said that the plot was the property of applicant and
the respondents were encroaching it illegally. The respondent's did
not accept the decision of Panchayat. After my return at duty, the
opposite party attacked on my family. They wanted to kill my whole
c family. My family like parents, brothers & the wives of my brothers
except my younger sister, received grievous injuries. The applicant
was told by his brother about the feud on 19.3.90. His brother
returned on 20.3.90 after telling the whole talks. My father &
brothers were got locked up in the police station Sampla by
conniving with the officials. The applicant's party tried his best to
D
lodge the FIR against the opposite party but in vain. After the
struggle a cross case was entered. Now both side are on bail. The
family of applicant is harassed by this way. They are giving open
threat that if they would not hand over the possession of the plot
they could be killed. The family of applicant hesitate to come out
E from their houses due to the fear of opposite party. In such
circumstances I feel ..... to do my duty & I consider that I shall
lose my balance of mind. Hence ·the action be taken against the
opposite party & a direction be issued to protect my family &
property. If it is not done his family can be ruined."
F .
The next application dated 2.4.90 is written by the appellant to the
'
Superintendent of Police (S.P.), Rohtak. In that application, appellant has
requested S .P. Rohtak to take action against Chat er Singh, Hawa Singh,
Satbir Singh, Rajbir and Suresh. The relevant part of the application is as
under:-
G
"I am serving in B.S.F. My father Sh. Suraj Bhan and my
younger brother live in village Samchana P.S. Sampla. Now-a-days,
I am on leave. I have one ghar which is a ancestral property and -·
surrounds of walls and we keep luggage in it. Chatter Singh, Hawa
H Singh, Satbir, Rajbir and Suresh s/o Sh. Mange Ram and their sons
+
OM PRAKASH v. STATE[SHAH,J.] 805

)... want to take possession forcibly of our ghar. So my father had filed A
civil suit on 12.2.90 and stay order is granted for that Ghar. My
father is an old man and we are alone. But the family members of
Chattar Singh are strong persons. These persons interfered in our
• possession inspite of stay order and they want to possess forcibly
our ghar. We had already filed an application before you, and you
have marked it to the SHO vide No. 601 SPR dated 29.3.90, but /
B
_,
-< no action has been taken against them up till now. The above noted
persons and their sons namely Krishan, Dilbag s/o Chhattar Singh,
Surinder s/o Hawa Singh harass us. They always keep ready for
quarrel and they are bent upon. to possess forcibly our ghar".
c
Thereafter, there is another application Ex. PV/3 dated 20.3.1990
written to the S.P. Rohtak which, inter alia, recites as under :

"1 joined my duty on finishing my leaves. I went to do my duty.
I am serving in B.S.F. My younger brother and an old father live
in village house. My mother and my wife were attacked seriously D
~
and they were trying to possess the above said Ghar. The accused
....
• are as under :

1. Chatter Singh 2. Hawa Singh 3. Satbir Singh 4. Rajbir Singh
5. Suresh s/o Sh. Mange Ram 6. Krishan 7. Dilbag s/o Sh. Chatter E
Singh 8. Gurinder s/o Sh Hawa Singh and remaining persons of
their family. After that my father lodged the report to the SHO P.S.
Sampla for restraining them to possess the plot. But the SHO did
not take any action; conniving with the accused, the SHO confined
my brother & father instead of them. They were threaten by dire
F
x consequences and they demanded five thousands as ransom we are
• unable to airange the money. So no action has been taken against
those culprits. I come on leave for two months in a year. They do
not let me remain peacefully and they harass us on the one pretext
or other. There is no solace in our houses. It is very difficult to
come out from the house." (Emphasis added) G

The next application Ex. PV/10 dated 15th May, 1990 written to S.P.
·-.
,.,. Rohtak, illter alia, reads as under :

"On 11.5.90 in the morning time when our sister and the wives H
806 . SUPREME COURT REPORTS [1999] l S.C.R.

A of our brothers went to throw dung in the morning in our ghar at
that time, suddenly accused came out and attacked upon them and
they inflicted grievious injuries to them with their jaili and lathies.
The accused inflicted grievous injuries to the wife of my younger
brother, who has a foetus of seven months in her stomach. She is
in dangerous condition and admitted in Ward No. 2 of MCH
Rohtak. We had lodged the report in Police Station Sampla about
that matier. The accused stayed for two days in the police Station
·and then they were released and no action was taken against them.
These persons are giving threats after their release.

c So, it is requested that legal action be taken against the accused
so that my life and property may be protected from those persons
and justice be done."

Lastly, we would refer to the letter dated 21st June, 1990 written to
his brother Parma Nand which is reproduced in paragraph 61 of the
D Judgment 1rendered by the Learno<l Sessions Judge. The incident took
place on 28th June, 1990 and the said letter was written a week prior to
the occurrence. It is true that this letter reveals that appellant was drawing
concrete action against the complainant party. But from the letter, it
appears that appellant was deeply annoyed, may be because as stated in
E the letter "We had taken ourselves dead when they had attacked .our
women-folk :ind sister." It also reveals that the act of the appellant was
pre-planned. This letter no doubt reveals the mind of the appellant accused
to the effect that he has decided to i<>/<e revenge and was planning to take
a concrete step in that behalf and that he was keeping it secret. In the said
. F letter, he has further written that at best, it would take 15 days for him for
taking action and 'If we are to die, let this thing happen. If possible, give
~prompt reply and write which wall they were demolishing. Takes heed of
what I have. written'.

Learned Counsel for the appellant suJ>mitted that High Court as well
G as the Sessions Court ought to have referred to all the letters/applications
written by the appellant and not only the last letter written by him to find
out the motive and the well thought out manner in which murders were
'- ·committed. It is his contention that aforesaid applications written by. the
appellant to the authorities reveal that the accused was compelled to resort
H · to the crime because he and his family members were fmding helpless.
•
OM PRAKASH v. STATE (SHAH, J.] 807
This submission of the learned counsel for the appellant requires to A
be accepted. From the aforestated applications to S.P. Rohtak or Commis-
sioner, it appears that accused was all throughout feeling that he and his
family members were humiliated by the other party who were rich and
influential and who were intending to grab the plot/Ghar beloging to them.
Applications reveal that appellant accused was feeling much more hurt
because family members of the appellant including women-folk were not
B
getting any police protection even though they were assaulted. It has been
pointed out in the application that his younger brother's wife having seven
months pregnancy was assaulted and she was required to be hospitalised.
It also reveals that for a period of more than three months appellant was
requesting the authorities to take action so that he and his family members c
can live in peace. It was his allegation that the SHO of the Police Station
was conniving with the other side and had demanded five thousand rupees
as a ransom which their family members were unable to pay, therefore, no
action was taken against the other party. He has pointed out that Panchayat
has also arrived at the conclusion that the property belonged to his family D
and yet other party was encroaching upon it. It was his grievance that
despite the stay order granted by the Civil Court, other party wanted to
take possession forcibly. The last letter written to his brother indicates that
wall of the house was demolished. It is also stated that even though his
parents, brothers, and wives of his brothers received grievous injuries in
the assault, yet they were locked up in the Police Station, Sampla because E
of favour by the Officer. They tried to lodge the FIR against the other party
but it was in vain and after some struggle, cross cases were registered and
both the sides were released on bail. He has also stated that in such
situation, he may lose balance of mind. It appears that this situation
continued and on 11th May, 1990 further incident took place when the F
accused inflicted injuries to the wife of younger brother of accused having
sev:en months pregnancy which resulted in these murders.
'1 -

Considering the aforesaid background of the matter, the question
would be whether the case of the appellant could be one of the "rarest of
the rare" cases so that death sentence is required to be imposed. In our G
view, even though this is a gruesome act on the part of the appellant, yet
it is a result of human mind going astray because of constant harassment
of the family members of the appellant as narrated above. It could be
termed as a case of retribution or act for taking revenge. No doubt, it
would not be a justifiable act at all, but the accused was feeling morally H
-+

808 SUPREME COURT REPORTS (1999] 1 S.C.R.

A justifiable on his part. Hence, it would be difficult to term it as the "rarest -t..
of the rare" cases. Further this is not a crime committed because of lust
for wealth or women, that is to say, murders are neither for money such as
extortion, dacoity or robbery; nor even for lust and· rape; it is not an act of
anti-social element kidnapping and trafficking in minor girls or of an
anti-social element dealing in dangerous drugs which .affects the entire
B moral fibre of the society and kills number of persons; nor is it crime
committed for power or political ambitions or part of organised criminal }

activities. It is a crime committed by the accused who had a cause to feel .-
aggrieved for injustice meeted out to his family members at the hands of
the family of the other party who according to him were strong enough
c physically as well as economically and having influence with the authority
which was required to protect him and his family. The bitterness increased
to a boiling point and because of the agony suffered by him and his family
members at the hands of the other party and for not getting protection
from the police officers concerned or total inaction despite repeated
'-
written prayers goaded or compelled the accused to take law in his own
D
hands which culminated in gruesome murders; may be that his mind got •
derailed of the track and went astray or beyond control because of extreme
mental disturbances for the constant harrassment and disputes. Further
considering the facts and circumstances, it cannot be said that he would be
a menance to the society; there is no reason to believe that he cannot be
E reformed or rehabilitate and that he is likely to continue criminal acts of
violence as would constitute as continuing threat to the society. He was
working in B.S.F. as a disciplined member of the armed forces aged about
23 at the relevant time, having no criminal antecedents.

In the result, we are of the view that this case cannot be treated as
F one of the rarest of rare cases where lesser sentence of imprisonment of
life would not at all be adequate. Hence, we alter the sentence of death
"..
penalty by awarding the sentence of imprisonment for life to the appellant.
The appeal is allowed to the aforesaid extent and stands disposed of
accordingly.
G
v.s.s . Appeal allowed.·

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