Supreme Court · 2011 INSC 722 · Decided 28 September 2011
Rajesh Kumar v. State Through GOVT. of NCT of Delhi-Ii
- Court
- Supreme Court of India
- Citation
- 2011 INSC 722 · [2011] 15 S.C.R. 92
- Case number
- CRIMINAL APPEAL No. 1871/2011
- Decided
- 28 September 2011
- Bench
- D.K. JAIN, A.K. GANGULY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 235(2), 354(3); Constitution Article 21
Headnote
Penal Code, 1860 - s.302 - Murder- Death penalty­ Concept of 'rarest of rare' case - Mitigating circumstances - c Murder of two children - one aged 4~ years, and the other aged B months - Trial court convicted accused-appellant U/ s.302 and sentenced him to death - Conviction and Court - Sustainability of death sentence - Held: In the instant case the State failed to show that the o appellant was a continuing threat to society or that he was beyond reform and rehabilitation - This was certainly a mitigating circumstance which the High Court failed to take into
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