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Khushwinder Singh v. State of Punjab

Criminal Appeal · 2019 INSC 306Decided 5 Mar 2019
Criminal Appeal Nos. 1433-1434 of 2014
Justice A.K. Sikri · Justice S. Abdul Nazeer · Justice M.R. Shah

Background

The accused, who was known to the complainant's family, deceived them by promising a cure for a relative's drinking problem and a chance to send another relative abroad for work. Using this pretext, he lured six members of the complainant's family, including two minor children, in two stages, drugged them with sleeping tablets, and drowned them in a canal at night. Only one family member survived. The Sessions Court convicted him and imposed the death penalty, which the Punjab and Haryana High Court confirmed.

Decision Breakdown

The Supreme Court examined the aggravating and mitigating circumstances and found that defence counsel could point to no mitigating factor justifying commutation. Given the premeditated, methodically staged killing of six people, two of them children under 10, the Court held this fell within the "rarest of rare" category established in Mukesh v. State (NCT of Delhi), warranting the death penalty. It confirmed the conviction under Section 302 IPC and other sections, and upheld the death sentence.

Lesson Learnt

India's courts apply the death penalty only in the "rarest of rare" cases, assessed by weighing aggravating factors (such as premeditation, brutality, and the killing of children) against any mitigating circumstances; where none exist and the crime is exceptionally brutal, the courts will not interfere with a capital sentence.

Official source (sci.gov.in)View Judgment (PDF)

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