ASHARFI LAL & SONS versus STATE OF U.P.
The Court held that the case fell within the 'rarest of the rare' category as articulated in Bachan Singh and Machhi Singh, and that the duty to impose appropriate punishment and the deterrent and social necessity justified confirmation of the death sentences for the two principal appellants while upholding the convictions and sentences of the others.
- Parties
- Appellant: Asharfi Lal; Appellant: Babu; Appellant: Ganga Prasad; Appellant: Hemraj; Appellant: Mata Badal; Respondent: State of U.P.
- Jurisdiction
- India
- Judgment Date
- 30 March 1987
- Procedural Posture
- Criminal Appeal / Appeal to the Supreme Court Final Judgment
- Outcome
- Appeal dismissed; death sentences and other sentences affirmed
- Legal Topics
- Murder, Sentencing Principles, Capital Punishment, Criminal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Asharfi Lal
Appellant
Babu
Appellant
Ganga Prasad
Appellant
Hemraj
Appellant
Mata Badal
Appellant
State of U.P.
Respondent
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Final Judgment
Legal Issues
- 1 criminal appeal evidentiary review
- 2 sentencing principles
- 3 application of 'rarest of the rare' doctrine
Ratio Decidendi
The Court held that the case fell within the 'rarest of the rare' category as articulated in Bachan Singh and Machhi Singh, and that the duty to impose appropriate punishment and the deterrent and social necessity justified confirmation of the death sentences for the two principal appellants while upholding the convictions and sentences of the others.
Court Disposition
Appeal dismissed; death sentences and other sentences affirmed
Orders
- Appeal dismissed
- Death sentence of Asharfi Lal and Babu confirmed
Full Case Text
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