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1988 Supreme(SC) 45

A.P.SEN, L.M.SHARMA
Amrik Singh – Appellant
Versus
State Of Punjab – Respondent


(1) IN these special leave petitions, notice was confined to the question of sentence. We have heard learned counsel for the parties and we grant special leave.

(2) WHILE confirming the death sentence passed on the appellant on his conviction on two counts under S. 302 of the Indian Penal Code, -1860 for having committed the double murder of the deceased Tarlok Chand and of his neighbour Bahal Singh by successively stabbing them on the chest with a knife, the special reason recorded by the High court as enjoined by S. 354 of the Code of Criminal Procedure, 1973 is that they were brutal murders executed in cold blood and therefore the appropriate sentence was one of death. We are inclined to share the view expressed by the learned Judges but we are bound by the rule laid down by this court in Bachan Singh v. State of Punjab where a Constitution bench of this court moved by compas- sionate sentiments of human feelings has ruled that sentence of death should not be passed except in rarest of the rare cases, except to the extent that the situation has been retrieved by a three Judge bench in Machhi Singh v. State of Punjab indicating the types of cases where a sentence o



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