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Supreme Court of India 2023-04-28 partly_allowed

DIGAMBAR vs THE STATE OF MAHARASHTRA

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

Digambar and Mohan killed two young people—Pooja and Govind—who were in a consensual romantic relationship. Digambar retrieved a sickle from his aunt's house, attacked Govind's throat and then Pooja's neck with it when she tried to intervene. Though the Supreme Court upheld the conviction for murder under Section 302 IPC based on circumstantial evidence (last seen together, immediate death, and failed explanations), it commuted Digambar's death sentence to life imprisonment. The Court held the case did not meet the "rarest of rare" threshold because Digambar was young (25), had no criminal record, showed good behavior in prison, and inflicted only single injuries—not indicative of exceptional brutality warranting capital punishment.

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Criminal Law Murder Death Penalty Sentencing Circumstantial Evidence Last Seen Together Honor Killing Indian Evidence Act Criminal Procedure

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