Case BriefsTribunals/Commissions/Regulatory Bodies

NHRC notice to the Chief Secretary and DGP, Uttar Pradesh in connection with a death in police custody after a brutal assault in Pilkhua, Uttar Pradesh

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports that in Pilkhua, Uttar Pradesh, a man died in police custody on the 13-10-2019 after he was brutally assaulted during interrogation in connection with a murder case.

He was allegedly kicked, punched, hit with planks of wood, given electric shocks and pierced with a screwdriver. A purported video of the victim’s dead body shows deep bruise marks on his posterior and left arm and stab wounds all over the body.

The Commission has observed that going by the contents of the media reports, it appears to be a glaring instance of violation of human rights of an individual in police custody for which accountability rests on the police force of the State. Accordingly, it has issued a notice to the Director-General of Police, Uttar Pradesh calling for a detailed report on the matter. He has also been directed to mention in the report action taken against the erring police officials and the steps taken to prevent such incident in future by the State police.

A notice has also been issued to the Chief Secretary, Government of Uttar Pradesh to ensure the safety and security of the victim’s family, mainly the minor boy of the deceased, who has undergone a huge traumatic time during alleged torture and death of his father in the police custody. The detailed reports from both the authorities are expects within four weeks.

The Commission has further observed that it is beyond comprehension as to how the men in uniform have perpetrated such heinous torture and barbaric atrocious act on a helpless man in their custody, whereas it is incumbent upon them to protect life and limbs of the individual detained or arrested. On the contrary, unwarranted violence by the police personnel inflicting enormous torture resulted in death of the victim.

The Commission has also observed that it has repeatedly cautioned the men in uniform not to indulge in unlawful actions including atrocities against accused persons, much less an innocent, while such person is in their custody. It has, time and again, sensitized the police force to engage with detainee with proper human behaviour while in public duty and aggressive nature of the police must be avoided, otherwise right to life and liberty, which is fundamental edifice of the rule of law, will be trampled down.

Therefore, the Commission has said that it is of the view that there is a need for thorough probe into the matter to identify and punish the guilty as the precious human life has come to a tragic end. Moreover, the traumatic condition of the minor boy of the victim is also a cause of concern who has suffered a huge physiological, physical and mental agony which needs to be taken care of by the State.

According to the media reports, the victim Pradeep Tomar left home in Uttar Pradesh’s Pilkhua telling his wife that his younger brother’s motorcycle had a tyre puncture, and that he would be home soon after helping out. The victim took his 11-year-old son along. He was picked up on the way by the police for questioning.

Reportedly, victim’s son said that the policemen first abused him and then started beating him. The victim kept begging them not to beat him and asked them what he had done wrong but they kept hitting him. The 11 year old son of the victim was also slapped by the police too and even put a gun in his mouth before warning him not to speak to anyone else about what he had seen.

The policemen were, reportedly, drunk and the son of the victim fell at their feet and asked them to leave his father but they tortured him so much that he defecated and urinated. Even when he was taken to the local hospital, he was not given any treatment as he was locked in a room. The news reports also state that the policemen including SHO of Pilkhua were subsequently suspended and in a set of directives to Hapur police order was passed ensuring safety of those arrested in connection with alleged crime.


National Human Rights Commission

[Press Release dt. 16-10-2019]

Case BriefsHigh Courts

Allahabad High Court: A Division Bench of Ramesh Sinha and Dinesh Kumar Singh-I, JJ. allowed the appeal filed by a couple accused of murder, against the trial court’s order sentencing them to death for the said offence; and set aside the death reference made by the trial court.

In the present case, the appellant along with his wife Shakila was accused of murdering his two brothers-in-law and mother-in-law by hacking their neck, in a factory where he was a watchman. Charges were made out against the appellant and his wife under Sections 302, 34 and 201 of the Penal Code, 1860. The trial court convicted them on the basis that only appellant had access to the building as he lived inside it, and account of a child witness aged 6 years (son of the deceased lady) was taken into consideration.

Learned counsel for the appellant argued that the child witness’ testimony could not be taken into consideration as he had deposed that he was wrapped in a blanket and thrown in another room by his sister Shakila. The child’s presence at the crime scene could not be confirmed as had he been present over there, he too would have been killed by the accused-appellant but that was not the case. Moreover, the panchayatnama of three deceased was conducted as of unknown persons and had the child witness been present at the place of occurrence then definitely he would have disclosed the two male deceased to be his real brothers and female to be his mother. Also, it could not be said that the factory in which the appellant was a guard and where he was living along with his wife, was in his exclusive possession and not accessible to anyone else because one of the keys of the factory was with the owner of the factory. Therefore, the factory was accessible to others as well.

On the other hand, learned Additional Government Advocate submitted that accused-appellant has bad antecedents as he was already convicted and sentenced by the trial court for murdering his earlier wife. He had absconded from Lucknow jail and was living in Kanpur while working in the said factory as Chaukidar. He had enticed the daughter of deceased lady and when Shakila’s brothers along with their mother came to take her away from accused, a quarrel took place between the parties and Shakila’s mother and two brothers were murdered by accused. Shakila’s younger brother was an eye witness of the incident and had deposed that he saw the accused killing the three deceased with knife and his sister Shakila was facilitating in the crime.

The Court noted the aforestated facts and arguments and opined as below:

Section 118 Evidence Act – Reliability on testimony of child witness:

It was observed that the Investigating Officer had failed to show the place of occurrence and the place from where the child witness was witnessing the incident as the incident had taken place in two parts – body of mother of child witness was found on the second floor of the factory whereas the dead body of his two deceased brothers, was found on the first floor of factory. It was observed that it was highly doubtful that the child, who had stated that he was wrapped and thrown in a room by his sister, could not have seen the murder of the two deceased which had taken place on the first floor. Thus, his evidence could not be said to be wholly reliable for the conviction and sentence of two appellants.

The Court relied on Digamber Vaishnav v. State of Chhattisgarh, (2019) 4 SCC 522 where the Supreme Court while discussing Section 118 of the Evidence Act, 1872 held that “evidence of a child witness must be evaluated carefully as the child may be swayed by what others tell him and he is an easy prey to tutoring. Therefore, the evidence of a child witness must find adequate corroboration before it can be relied upon.”

Presumption under Section 106 Evidence Act:

It was opined that the prosecution admitted that one key of the factory was with accused and another key was with the owner of the factory. Hence, the presumption under Section 106 of the Evidence Act could not be drawn against the accused as he was not in his exclusive possession of the factory.

Proof beyond a reasonable doubt versus suspicion:

Further, the Court opined that it may not be possible that two deceased men aged about 25 years and 35 years and the deceased lady aged about 55 years could have been overpowered and killed single-handedly in such a gruesome manner by the accused who was just aged about 45 years. The possibility of the incident having occurred in some other manner by more persons could not be completely ruled out. It was noted that suspicion, howsoever strong, could not take the place of proof. Reliance in this regard was placed on Sujit Biswas v. State of Assam, (2013) 12 SCC 406 where the Court examined the distinction between ‘proof beyond reasonable doubt’ and ‘suspicion’.

Establishing guilt on the basis of circumstantial evidence:

Lastly, the Court relied on Digamber Vaishnav case and opined that in criminal cases where guilt of the accused is sought to be established on the basis of circumstantial evidence, “if two views are possible on evidence adduced in the case – one binding to the guilt of the accused and the other is to his innocence, the view which is favourable to the accused, should be adopted.”

In view of the above, the conviction and sentence of both the appellants by the trial court was set aside, and they were directed to be released from jail forthwith unless otherwise wanted in any other case.[Rashid v. State of Uttar Pradesh, 2019 SCC OnLine All 2228, decided on 16-05-2019]

Hot Off The PressNews

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports that more than 17 students, 15 to 19 years, were killed in the massive fire which broke out in the four-storeyed building housing their coaching centre at Surat in Gujarat on the 24th May, 2019. Many are still in critical condition, undergoing medical treatment in hospitals.

Considering the incident as a grave violation of the human rights of the young students, the Commission has issued a notice to the Chief Secretary, Government of Gujarat calling for a detailed report in the matter including status of the criminal cases registered against the building owner and others found guilty along with action taken against the public servants concerned. He has been asked to include in his the legal status of the building, its construction, fire fighting measures, fire safety clearance and relief granted to the grief-stricken families. The Commission also expects that the best and free of cost treatment is provided by the State to the injured persons. Response from the State government is expected within 4 weeks.

Issuing the notice, the Commission has also observed that it has been constantly insisting the authorities to be more vigilant to avoid such tragic incidents. Going by the media reports, it appears that there was no safe passage for the victims, which could have been used as a fire exit in case of emergency. The mere announcement of compensation to the aggrieved families cannot be a solution to such kind of hazards. Several such incidents have occurred across the country where precious human lives have been lost due to negligence by the authorities and lack of Fire Department’s clearance.

According to the media reports, the fire reportedly started likely due to a short circuit at the staircase near the lower floor and engulfed the entire premises. As there was no way out for the people present on the top floor to come out of the building, they started jumping off the building. Some of them have sustained serious injuries. It is mentioned in the news reports that the horrifying incident was recorded by many passersby, which indicates that nearly a dozen teenagers were trying to escape the thick smoke rising from the building, forcing them to jump off to save their lives.

The fire department officials reached the spot and deployed 19 fire trucks and two hydraulic platforms to douse the fire and evacuate the people trapped in the building. An enquiry into the matter has reportedly been ordered by the state government. Reportedly, Rs 4 lakh to the next of kin of the deceased have been announced by the State government and as a precautionary measure all the Tuition Centres/Coaching centre, etc have been ordered to be closed in the area. The fire hazard checks are also being conducted in various places.


[Dated: 25-05-2019]

National Human Rights Commission

Case BriefsHigh Courts

Punjab and Haryana High Court: This petition was filed before the Bench of Daya Chaudhary, J., under Section 439 of Criminal Procedure Code for grant of regular bail where FIR was registered under Sections 324, 323, 342, 148, 149, 302 and 365 of Penal Code.

It was submitted by the petitioner that he was falsely implicated in the case where he was not involved in the commission of the alleged offence. The complainant and the eyewitnesses were examined and they did not support the case of the prosecution. Even the post mortem report did not suggest anything which could prove the involvement of the petitioner in the alleged commission of offence. Arguments were advanced stating that the deceased died after he was found in a good condition and discharged from hospital. The fact cannot be ignored that co-petitioner was already released on bail. Whereas respondent contended that petitioner was the main accused thus, should not be released on bail.

High Court was of the view that the bail should be granted and this petition was allowed as the death of the deceased cannot be said to be a result of injuries received by petitioner. [Gursewak Singh v. State of Punjab, 2019 SCC OnLine P&H 415, dated 22-04-2019]

Case BriefsHigh Courts

Bombay High Court: A Bench of T.V. Nalwade and Mangesh S Patil, JJ., refused to quash a criminal case registered against a Medical Officer (applicant) for an offence punishable under Section 304-A (causing death by negligence) IPC.

Seema (now deceased), who was pregnant at the time relevant, was admitted to the Government Hospital for her delivery. She was admitted at about 8:50 am. The duty time of the applicant (Medical officer of the Hospital) was from 8 am onwards, but he was not present in the hospital. Therefore, Seema was admitted by a nurse and she delivered a child at about 9.10 am. After delivery, Seema suffered bleeding. Realising development of the complications, the nurse informed the applicant on the phone. However, he did not turn up till 10 am, and ultimately Seema passed away. The applicant was booked under Section 304-A on the complaint of Seema’s father.

Represented by Ganesh V. Mohekar, Advocate, the applicant sought quashing of the case. Per contra, S.B. Joshi, Additional Public Prosecutor opposed his application.

As per the High Court, there was sufficient record to infer that Seema’s death occurred due to the applicant’s negligence. Rejecting applicant’s submission that it was anyway a high-risk case due to ‘placenta postrioely low lying’, the Court said: ” In that case also it can be said that it is the duty of the medical officer to remain present and when it is a case of high risk his presence is a must. The record is sufficient for the present purpose to infer that he was never diligent in discharging his duty and on that day due to his negligence Seema died.”

Relying on Jayshree Ujwal Ingole v. State of Maharashtra, (2017) 14 SCC 571, it was held that all the tests to ascertain applicant’s negligence were satisfied. [Dr Ravindra v. State of Maharashtra, 2019 SCC OnLine Bom 616, Order dated 09-04-2019]

Case BriefsHigh Courts

Delhi High Court: A Division Bench comprising of Rajendra Menon, CJ and V. Kameswar Rao, J. allowed a letters patent appeal against the judgment of the writ court whereby the appellants petition for compensation of his son was dismissed.

On the fateful day, the appellant and his 14-years old son had gone to Sanjay Park maintained by Respondent 1 — East Delhi Municipal Corporation, where while playing cricket the son came in contact with an electric wire lying there and was electrocuted which resulted in his death. In the action brought for compensation by the appellant, the respondents started to shift the liability on each-other, Respondent 2 being BSES, the company responsible to maintain the electricity system in the said park. The writ court dismissed the action holding that there was a dispute as to who was responsible and such a question could only be looked into by the trial court.

The High Court was of the view that approach of the writ court was not right. The Court was of the view that the negligence on the part of respondents was writ large in the improper manner of maintaining the electricity system. It was of the view that the death of deceased was caused due to negligence of the respondents. In such situation, according to the High Court, the writ court ought not to dismiss the valid claim for compensation brought by the appellant. Holding thus, the only question left was of assessing the amount of compensation to be awarded to the appellant for the death of his 14-years old son. After applying the proper formula, the Court assessed the amount of compensation at Rs 27,38,607.81 along with interest. At first, both the respondents shall each pay 50% of the amount and thereafter they could work a settlement amongst themselves. The appeal was disposed of in the manner above. [Rajeev Singhal v. MCD, 2018 SCC OnLine Del 11518, dated 27-09-2018]

Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench comprising of R.K. Gauba, J. dismissed a criminal petition filed under Section 482 CrPC for quashing of criminal proceedings against the petitioners under the Protection of Women from Domestic Violence Act, 2005.

The respondents had invoked the provision contained in Section 12 of the Act against one Lalit Mohan Joshi, husband of Respondent 1, since deceased. The provision was also invoked against family members (present petitioners) of the husband. The petitioners approached the Court seeking quashing of the said proceedings on the grounds, inter alia, that they were senior citizens, the allegations against them were small and bald, no case of domestic violence was properly brought out, intention of the respondent was to cause harassment and to gain wrongful possession of their property.

The High Court, at the outset, observed that to say the least, the petition was wholly misconceived. Questions of facts cannot ordinarily, and in absence of evidence of unimpeachable character to the contrary, be properly inquired into or adjudicated upon in jurisdiction under Section 482 CrPC. Reference in this connection was made to Rajiv Thapar v. Madan Lal Kapoor, (2013) 3 SCC 330. Furthermore, it was observed that the fact of death of the husband cannot result in the criminal proceedings coming to an end. After all, allegations were also made against the petitioners who were related to the respondents by marriage or birth. The Court held that the claim of the respondents for compensation for the injuries suffered as a result of alleged acts of domestic violence could not be brushed aside; it would need to inquired into and adjudicated upon in accordance with law. The petition was, thus, dismissed. [Vijay Laxmi v. Madhu Joshi, Crl. MC No. 4352 of 2015, dated 06-09-2018]

Case BriefsSupreme Court

Supreme Court: The Bench comprising of Rohinton Fali Nariman and Indu Malhotra, JJ. disposed of an appeal filed challenging the compensation awarded by the Punjab and Haryana High Court under Motor Vehicles Act, 1988.

The deceased was riding on a bike when he was hit by the vehicle driven by Respondent 3 which resulted in his death. The claim petition filed by dependants of the deceased under Section 166 of MV Act was allowed by the Motor Accident Claims Tribunal which was further enhanced by the High Court on an appeal preferred by the dependants. Aggrieved thereby, the insurance company filed the instant civil appeal.

The Supreme Court perused the orders of the MACT as well as the High Court and found that the order needs to be modified. The Court while disposing of the appeal, inter alia, added, to the already existing heads, two more heads of compensation. Relying on National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, the Court held that Loss of Consortium and Loss of Estate are other conventional heads under which compensation is awarded in the event of death. In legal parlance, consortium is a compendious term which encompasses spousal consortium, parental consortium, and filial consortium. The Court observed that the MV Act being a social welfare and beneficial legislation, it was duty-bound to provide just compensation irrespective of whether plea in that behalf is raised or not by the claimant. In exercise of power under Article 142 of the Constitution, the Court awarded Rs 15,000 towards Loss of Estate. In regard to consortium, it was observed that right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased which is a loss to his family. With respect to a spouse, it would include sexual relations. Reference, in this connection, was made to Rajesh v. Rajbir Singh, (2013) 9 SCC 54. Following the principles of awarding compensation under Loss of Consortium as laid down in Pranay Sethi, the Court awarded a compensation of Rs 80,000 as compensation towards loss of filial consortium. The appeal was accordingly disposed of. [Magma General Insurance Co. Ltd. v. Nanu Ram,2018 SCC OnLine SC 1546, decided on 18-09-2018]

Case BriefsHigh Courts

Jharkhand High Court: A Single Judge Bench of Shree Chandrashekhar, J., allowed a writ petition filed against the order of Respondent-authority whereby petitioner’s claim for compassionate appointment after the death of his mother was rejected.

The main issue, in this case, was whether the respondent authorities can come up with a new ground for rejection of petitioner’s application in subsequent proceedings.

The Court, in this case, observed that initially the claim of petitioner was rejected by the respondents on the ground that the petitioner ought to have applied for a compassionate appointment within six months from the death of his mother. The Court had then rejected the plea of the respondent and had directed them to reconsider the case of petitioner, however the same was again rejected on the ground that the petitioner was below fifteen years of age at the time of death of his mother and hence he could not have been kept on live-roaster for compassionate appointment.

This plea was not raised by the respondent authorities previously and the respondents had come up with this new contention only after the matter was once directed to be re-considered. Hence, the Court held that if this is allowed then it would lead to a never-ending series of litigation and the contention of the respondents was rejected. Accordingly, the petition was allowed and the order of the respondent authorities was quashed by the Court.[Budhu Oraon v. Central Coal Fields Limited,2018 SCC OnLine Jhar 640, dated 12-07-2018]

Case BriefsHigh Courts

Allahabad High Court: A Single Judge Bench comprising of Ashwani Kumar Mishra, J., allowed a writ petition directed against the order passed by the Additional Superintendent of Police, whereby payment of compensation consequent upon the death of petitioner’s husband was rejected.

Husband of the petitioner was a Sepoy in 36 Rashtriya Rifle (Garhwal Rifle), Indian Army. He was posted in Gurez Sector, J&K. On the fateful day, the deceased was travelling in the army truck which fell in a gorge, resulting in his unfortunate death. The petitioner moved an application for grant of compensation in terms of the policy framed by the State. The claim of the petitioner was rejected vide the impugned order, on the ground that death of the petitioner’s husband was not caused during the course of employment.

The High Court perused the said policy of the State, and after considering the facts, held that the impugned order was liable to be dismissed. It was held that the petitioner’s claim was covered under the Government Order that contained the said policy. It was an undisputed fact that the deceased was travelling in army truck while on duty, which fell in the gorge. The deceased was posted at the place where the accident happened. The Court held that the deceased was a serving soldier who died while on duty. In such circumstances, it was not justified to hold that petitioner’s claim was not covered under the said policy. Accordingly, the impugned order was set aside and the respondent was directed to pass a fresh order on the petitioner’s application. [Dimple Yadav v. State of U.P.,2018 SCC OnLine All 1018, dated 18-07-2018]

Case BriefsForeign Courts

‘Sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender’

Supreme Court of Canada: The 7-Judge Bench comprising of Abella, Moldaver, Karkatsanis, Wagner, Gascon, Côté and Rowe JJ., delivered a 6:1 majority decision by stating that refusing to provide a breath sample especially so when a death occurs clearly calls for a serious criminal offence set out in Section 255(3.2) of the Criminal Code.

In the present case, Mr Suter was arrested for driving his car onto a restaurant patio, which caused a fatal accident of a two-year-old kid. When the stated accident took place, Mr Suter was having a heated argument with his wife and while parking the car in front of the restaurant, he accidentally pulled the gas pedal instead of the brake and drove into the patio. On being arrested, he spoke to his legal aid lawyer who advised him not to give his ‘breath sample’.

Further, Mr Suter pleaded guilty for refusing the breath sample after causing an accident where someone died for which the sentencing judge gave a sentence of four months plus a thirty-month driving ban. Ideally, Mr Suter should have been sent to the jail of over 3 years but his sentence was lowered on the reasoning that he was given wrong advice by his lawyer which reduced his burden of moral blame. But, the Court of Appeal increased his sentence to 26 months.

On analysing the facts and circumstances of the case Michael Moldaver  J. speaking for the majority placed an essential remark on the sentence placed by the sentencing judge and Court of Appeal. According to the majority, the sentence given of 4 months in prison by the sentencing judge was said to be inappropriate as the reasoning behind the sentence was highly concentrated towards Mr Suter not being drunk and receiving ill-legal advice, though his point on reduced sentence than normally given in other cases was a valid one as the circumstances in the instant case were of ‘unique’ nature. Further, the error caused by the Court of Appeal was of increasing the sentence due to the recasting of charges.

Therefore, in the instant case, the majority took note of all the essentialities of the case along with the sentences provided by the lower courts and stated that Mr Suter’s sentence be reduced to one of time served just over 10 and a half months without interfering with the prohibition on driving and allowing the appeal by re-sentencing and considering all the mitigating factors stated in the appeal.[R v. Suter,2018 SCC OnLine Can SC 12: 2018 Supreme Court Cases 34, decided on 29-06-2018]

Case BriefsHigh Courts

Himachal Pradesh High Court: A Single Judge Bench comprising of Vivek Singh Thakur, J. upheld the decision of the Commissioner directing the petitioner-insurer to pay the balance amount to the respondents-claimants, which was deducted as TDS from the compensation paid to the respondents.

The claimants claimed compensation under Section 3 of Employees’ Compensation Act for the death of the deceased who died in an accident while working as a conductor. The Commissioner allowed the claim of the respondents and awarded Rs 3,79,592.50 as compensation to the claimants along with interest. The insurance company deposited the amount as awarded; however, only after deducting 20% of the amount as Tax Deducted at Source (TDS). Subsequently, in the execution proceedings, the Commissioner ordered the attachment of properties of the insurer for the realization of the balance of amount not paid (amount deducted) by the insurer. Aggrieved by the same, the insurer approached the High Court.

The High Court perused the record and while referring to Section 194-A Income Tax Act 1961, noted that compensation awarded under Motor Vehicles Act or Employees’ Compensation Act in lieu of death of a person or bodily injury suffered in a vehicular accident, is a damage and not an income and cannot be treated as taxable income. Further, the interest paid on the amount of compensation is also a part of the compensation. The Court held that TDS deducted by the insurer on the compensation awarded to the claimants was illegal. Accordingly, Respondent 6, Income Tax Officer, was directed to return the TDS amount to the petitioner-insurer which was further directed to be passed on to the claimants. [National Insurance Company Ltd. v. Dil Kumari, 2018 SCC OnLine HP 665, dated 01-06-2018]

Case BriefsHigh Courts

Uttaranchal High Court: While answering the criminal reference in a case falling under the category of ‘rarest of rare cases’, a Division Bench comprising of Rajeev Sharma and Alok Singh, JJ. confirmed the death sentence awarded to the respondent in Sessions trial.

The respondent was convicted under Section 302 IPC for murder and was sentenced to capital punishment. He was further convicted and sentenced under Sections 436, 392 and 411 IPC. The respondent was working as a Mechanic in the motorcycle showroom of one Sanjay Kumar. One Lalita also worked there as a Supervisor. Lalita complained to Sanjay about the appellant, and he was removed from the job. The appellant developed a grudge against them and on a fateful day, the respondent murdered Sanjay by giving him knife blows; chased Lalita and did away with her life; threatened the onlookers; and before escaping, put fire to the showroom. The respondent was tried, convicted and sentenced by the Sessions Court as mentioned above. Learned Additional Sessions Judge made a reference to the High Court for confirmation of death sentence awarded to the respondent.

The High Court considered the record including depositions of the witnesses. The respondent gave a knife blow on the neck of Sanjay and inflicted as many as 10 injuries on Lalita. The medical expert who conducted post-mortem examination deposed that the deceased died due to shock and hemorrhage as a result of excessive bleeding. The Court considered it established that the respondent murdered the deceased and set the showroom ablaze in presence of the witnesses whose testimony could not be assailed. He did not show any repentance, instead threatened the onlookers with dire consequences in case they tried to apprehend him. The Court held that the case fell in the category of ‘rarest of rare’ cases. In the given circumstances, the death sentence awarded to the respondent was confirmed. [State v. Sehzaad Ali, 2018 SCC OnLine Utt 522, dated 01-06-2018]