KRISHAN versus STATE OF HARYANA

Although the appellant committed murder while undergoing life imprisonment, felonious propensity alone cannot justify the death penalty; circumstances of the case do not constitute 'rarest of the rare' cases warranting death sentence. Life imprisonment with fine is appropriate.

Parties: Appellant: Krishan; Respondent: State of Haryana
Jurisdiction: India
Judgment Date: 01 May 1997
Procedural Posture: Criminal Appeal / Supreme Court Judgment on Appeal Against High Court Decision Confirming Conviction and Death Sentence
Outcome: Appeal disposed of. Conviction under Section 302 IPC upheld. Death sentence commuted to life imprisonment. Fine maintained.
Legal Topics: Murder, Sentencing, Death Penalty, Life Imprisonment

Criminal Law Murder Sentencing Death Penalty Life Imprisonment

Case Brief

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Krishan

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal Against High Court Decision Confirming Conviction and Death Sentence

Legal Issues

1 Whether the death penalty or life imprisonment is appropriate for a convict who committed murder while undergoing life imprisonment for an earlier murder.

Ratio Decidendi

Court Disposition

Appeal disposed of. Conviction under Section 302 IPC upheld. Death sentence commuted to life imprisonment. Fine maintained.

Orders

Death sentence for conviction under Section 302 IPC is commuted to imprisonment for life.
Fine of Rs 5,000 and default sentence maintained.