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1978 (2) TMI 217 - SC - Indian Laws

Issues involved: Conviction under section 302 read with section 34 and section 307 of the Indian Penal Code (IPC), sentencing of life imprisonment, judicial evaluation of evidence, preventive State action to avoid tragic occurrences, rehabilitation of convicts, humanistic aspect of sentencing, curative strategy for prisoners, parole for maintaining family ties.

Judgment Summary:

The petitioners were convicted under section 302 read with section 34 and section 307 IPC, with life imprisonment awarded by both trial and High Court. Counsel argued for innocence citing embellishments and improbabilities in the prosecution's version. The Supreme Court, after evaluating the evidence, upheld the conviction, emphasizing the need for proof beyond reasonable doubt in criminal cases. The Court highlighted that perfect proof is not necessary, and theoretical possibilities or fancied weaknesses cannot defeat verdicts based on sure foundations.

The Court expressed unhappiness over tragic occurrences like the one in the case, emphasizing the need for preemptive State action to avoid such incidents. It criticized the lack of proactive measures to prevent tensions that lead to violence, such as disputes over water rights. The judgment stressed the importance of societal awareness and preventive measures to avoid escalating conflicts that result in crimes.

Regarding sentencing, the Court acknowledged the guilt of the accused but expressed concern over the lifelong incarceration of two young men. It emphasized the humanistic aspect of the case, advocating for redemption and rehabilitation of the convicts rather than further criminalization through long prison terms. The judgment highlighted the need for a therapeutic prison process and emphasized the importance of human dignity and social justice in sentencing.

In light of the above, the Court issued positive directions for the treatment of the prisoners, emphasizing curative strategies, human dignity, and rehabilitation. It directed the State Government to ensure that the prisoners receive treatment that uplifts and elevates them, with work assignments that are satisfying and not degrading. The judgment also allowed for parole based on the prisoners' behavior, to maintain family ties and prevent further tensions. The Sessions Judge was tasked with ensuring compliance with these directions, emphasizing the constitutional right to life and personal liberty under Article 21.

Ultimately, the Court dismissed the special leave petition, placing broad obligations on the State and prison authorities to comply with the curial command for humane treatment and rehabilitation of the convicts.

 

 

 

 

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