{"id":229821,"date":"1999-02-22T00:00:00","date_gmt":"1999-02-21T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999"},"modified":"2015-11-27T14:53:16","modified_gmt":"2015-11-27T09:23:16","slug":"om-prakash-vs-state-of-haryana-on-22-february-1999","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999","title":{"rendered":"Om Prakash vs State Of Haryana on 22 February, 1999"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Om Prakash vs State Of Haryana on 22 February, 1999<\/div>\n
Bench: K.T. Thomas, M.B. Shah<\/div>\n
           CASE NO.:\nAppeal (crl.)  224 of 1999\n\nPETITIONER:\nOM PRAKASH\n\nRESPONDENT:\nSTATE OF HARYANA\n\nDATE OF JUDGMENT: 22\/02\/1999\n\nBENCH:\nK.T. THOMAS & M.B. SHAH\n\nJUDGMENT:\n<\/pre>\n
JUDGMENT<\/p>\n
1999 (1) SCR 794<\/p>\n
The Judgment of the Court was delivered by<\/p>\n
SHAH, J. Leave granted.\n<\/p>\n
At the time of admission of this matter, the Court had issued notice
\nlimited to the question of sentence only. Hence, the question involved in
\nthis appeal is whether death sentence imposed requires to be confirmed on
\nthe ground that it is the rarest of the rare cases? Whether sentence of
\nimprisonment for life would be inadequate? This is a case in which per-
\nsistent disputes over a small house in a village between two neighbours and
\ninaction by the authority (despite repeated prayers), led to this case of
\ngruesome murders of seven persons, some totally innocent.\n<\/p>\n
Before dealing with the contentions raised by the learned Counsel for the
\nappellant, we would first refer to a few facts. It is a prosecution version
\nthat on 28th January, 1990, Chater Singh (P.W. 4) along with his wife
\ndeceased Smt. Daya Kaur was sleeping at his house and his brother Satbir,
\nhis wife Smt. Kamlesh and mother Smt. Khazani (deceased) were sleeping at
\nthe house of Satbir while inside the house of Satbir, Satbir and two male
\nprogeny of Chater Singh, Aman Kumar and Mohinder and one male progeny
\nSurender of Hawa Singh (P.W. 5) were sleeping. Around 4.00 a.m., Chater
\nSingh saw torch light emanating from the window of his house, upon which he
\nand his wife got up from their cots and saw Parma Nand accused holding a
\ntorch in his hand and Ajit Singh accused (since dead) standing by his side
\nholding a gun. Ajit Singh fired a shot from his gun, which hit the breast
\nof Smt. Daya Kaur who fell down and met her doom. He raised an alarm,
\nwhereafter Ajit Singh accused entered his house from the rear door and
\nfired at Chater Singh from his gun which hit the fingers of his right hand.
\nChater Singh caught hold the barrel of the gun but Ajit Singh got it freed
\nand handed over his weapon to Om Prakash accused present in the court yard
\nof the house. It is stated that one other person not known to Chater Singh
\nwas also present in the street. Thereafter all the four reached the house
\nof Satbir followed by Chater Singh and Hawa Singh and there accused Om
\nPrakash fired from his gun hitting Smt. Kamlesh wife of Satbir and Smt.
\nKhazani who succumbed to the injuries. Thereafter, the assailants headed
\ntowards the house of Satbir where Chater Singh and Hawa Singh had already
\nreached. At that place, Om Prakash fired indiscriminately from the gun and
\nshot dead Satbir, Mohinder, Aman Kumar male progeny of Chater Singh and
\nSurender son of Hawa Singh (P.W. 5). It is stated that after committing the
\ngruesome murder of 7 persons accused Parma Nand made out that they had
\ntaken the revenge regarding the plot in dispute and dared anybody to
\nconfront them at the risk of elimination. All the accused thereafter fled
\naway with their weapon of offence. After departure of the accused, many
\npersons collected. Leav-ing Hawa Singh at the spot, Chater Singh rushed to
\nthe Police Station, Sampla and lodged F.I.R. at Ex. PJ at 7.30 a.m. During
\ninvestigation, weapon of offence, that is, S.L.R. (self loading rifle)
\nwhich the accused Om Prakash surrendered with the BSF authorities, where he
\nremained posted, was collected and was sent to the Bureau, Forensic Science
\nLab. Mad-huban alongwith empties and bullets lifted from the scene of
\noccurrence. After completion of the investigation, accused were
\nchargesheeted for the offence punishable under Sections 302, 307 read with
\nSection 34 of l.P.C. Prior to trial, accused Ajit Singh had expired. In
\nSessions Case No. 341\/90, the learned Sessions Judge, Rohtak by Judgment
\nand Order dated 29th March, 1997 convicted the accused Om Prakash and
\nParmanand under section 302\/307\/452\/506 read with Section 34 l.P.C. and
\nunder section 25 of the Arms Act after appreciating the evidence in detail.\n<\/p>\n
The learned Sessions Judge observed that mitigating circumstances culled
\nout by the learned Defence Counsel cannot save the convict Om Prakash from
\nthe gallows, in case, the order of sentence is confirmed by the High Court
\nbecause on that ill-fated morning of 28.6.90, around 4.00 a.m., the bullets
\nclawed through the aged (Khazani, 77 years) and middle aged (Daya Kaur, 40
\nyears), the young (Satbir 28-29 years, Kamlesh, 22 years) and the
\nadolescent (Surender 16-17 years) and two boys below their teens (Aman
\nKumar and Mohinder aged 9\/11-12 years). The attempt was to wipe out the
\nentire family of Mange Ram, both male and female. Victims were sleeping,
\ndefenceless. Firing was restored to without any provocation to wreck
\nvengeance over the dispute of a plot, which had been amicably settled with
\nthe intervention of relatives and friends, though accused Om Prakash had
\nnot relished the same. The children of Satbir Singh deceased were rendered
\norphan because he and his wife Kamlesh fell to the bullets (one of the
\nsurvivor was a girl aged about six months). Lot of deliberations, pre-
\nmeditation and planning had gone in the commission of the crime. It was
\nabsolutely devilish and dastardly. The weapon which was meant to beat back
\nthe intruders from the Indian Territory, was used to wreck personnal
\nvendetta. So, in respect of Om Prakash accused, the case falls within the
\ncategory of “rarest of rare cases”. With regard to the co-accused Parma
\nNand, the learned Sessions Judge convicted and sentenced him to undergo
\nimprisonment for life and to pay a fine of Rs. 2,000, in default of payment
\nof fine to undergo R.I. for two years. Conviction and sentence order is as
\nunder :\n<\/p>\n
Om Prakash Accused.\n<\/p>\n
Under Section 302 IPC, for committing the murder of Khazani, Kamlesh,
\nSatbir, Mohinder, Aman Kumar & Surender<\/p>\n
Sentenced to death.\n<\/p>\n
Under Section 302\/34 IPC, for the murder of Daya Kaur Committed by Ajit
\nSingh.\n<\/p>\n
To undergo imprisonment for life and to pay a fine of Rs. 2000 and in
\ndefault of payment of fine, to undergo R.I. for two year<\/p>\n
Under Sec. 307\/34 IPC for the injuries caused by Ajit Singh to Chater Singh
\nwith an intention to cause his death.\n<\/p>\n
To undergo imprisonment for life and to pay a fine of Rs. 1000 and in
\ndefault of payment of fine to undergo R.I. for one year.\n<\/p>\n
Under section 27(3) Of the Arms Act, 1959.\n<\/p>\n
Since the S.L.R. bearing butt No. 362 and body No. W 7522 is a prohibited
\nArm and the prohibited ammunition was used in causing the murder of
\nKhazani, Kamlesh, Satbir, Mohinder, Aman Kumar and Surender, accused Om
\nPrakash is sentenced to death. Parma Nand Accused.\n<\/p>\n
Under Section 302\/34 IPC for the murder of Khazani, Kamlesh, Satbir,
\nMohinder, Aman Kumar, Surender and Daya Kaur.\n<\/p>\n
To undergo imprisonment for life and to pay a fine of Rs. 2000 and in
\ndefault of payment of fine to undergo R.I. for two years.\n<\/p>\n
Under Section 307\/34 IPC, for causing injuries to Chater Singh by Ajit
\nSingh.\n<\/p>\n
To undergo imprisonment for life and to pay a fine of Rs. 1000 and in case
\nof default of payment of fine, to undergo R.I. for one year.\n<\/p>\n
On appeal, after appreciating the entire evidence, the High Court of Punjab
\nand Haryana in Criminal Appeal No. 343\/DB of 1997 confirmed the conviction
\nof the accused.\n<\/p>\n
Learned counsel for the appellant submitted that finding given by the High
\nCourt while confirming the death sentence requires to be set aside because
\nthe Court has considered only one side of the picture and has not
\nappreciated the reasons which drove the appellant to this dastardly act. It
\nhas been pointed out that High Court has observed that appellant was a
\nmember of the Border Security Force and prior to present occurrence had no
\nserious dispute with the complainant party but for the matter pertaining to
\nthe plot in question has belied the trust that the armed force had put in
\nhim by betraying an utter lack of discipline; the murders were committed
\nwith pre-meditation and in a thought out manner as would be reflected in
\nthe letter Ex. PX and the fact that he had absconded on 27th June, 1990
\nfrom his unit and had returned after having committed the crime. It was a
\ncold-blooded attack on 7 persons of a family, most of them being women and
\nchildren who had given no provocation to the accused and had caused him no
\nharm; an attack had been at the dead of night while they lay asleep; an
\nattack had been made despite the compromise that had been entered into
\nbetween Suraj Brian, father of the accused and Chater Singh and others; it
\nappeared that murders were committed with a positive intention of wiping
\nout the families of Chater Singh and Hawa Singh. The Court after
\nconsidering the decision rendered in the case of Suraj Bhan v. State of
\nRajasthan, [1996] S.C.C. (Criminal) 1314 held that the court must respond
\nto the cry of society and to settle what would be a deterrent punishment
\nfor what was an apparently abominable crime.\n<\/p>\n
It is true that Court must respond to the cry of the society and to settle
\nwhat would be deterrent punishment for abominable crime. It is equally true
\nthat large number of criminals go unpunished thereby increas-ing criminals
\nin the society and law-loosing it deterrent effect. It is also truism as
\nobserved in the case of State of M.P. v. Shyamsunder Trivedi and Others,<\/a>
\nreported in [1995] 4 SCC 262 at p. 273 that the exaggerated adherence to
\nand insistence upon the establishment of proof beyond every reasonable
\ndoubt, by the prosecution, ignoring the ground realities, the fact-
\nsituation and the peculiar circumstances of a given case often results in
\nmiscarriage of justice and makes the justice delivery system a suspect; in
\nthe ultimate analysis the society suffers and a criminal gets encouraged.
\nSometimes it is stated that only rights of the criminals are kept in mind,
\nthe victims are forgotten. Despite this it should be kept in mind that
\nwhile imposing the rarest of rare punishment, i.e. death penalty, the Court
\nmust balance the mitigating and aggravating circumstances of the crime and
\nit would depend upon particular and peculiar facts and circumstances of
\neach case.\n<\/p>\n
Dealing with this aspect in the case of Shankar v. State of Tamil Nadu,
\n[1994]4 SCC 478 (para 50) this Court has observed as under :\n<\/p>\n
“The choice as to which of the two punishments provided for murder is the
\nproper one in a given case will depend upon the particular circumstances of
\nthe case and the Court has to exercise its discretion judicially and on a
\nwell-recognised principles after balancing all the mitigating and
\naggravating circumstances of the crime. The Court also should see whether
\nthere is something uncommon about the crime which renders sentence of
\nimprison-ment of life inadequate and calls for death sentence. The nature
\nof the crime and the circumstances of the offender should be so revealing
\nthat the criminal is a menace to the society and the sentence of
\nimprisonment of life would be inadequate. The sen-tence of death should be
\nreserved for the rarest of rare cases alter a due consideration of both
\nmitigating and aggravating circumstan-ces. What circumstances bring a
\nparticular case under the category of rarest of rare cases vary from case
\nto case depending upon the nature of the crime, weapons used and the manner
\nin which it is perpetrated etc.”\n<\/p>\n
In the aforesaid case, the Court referred to an earlier Full Bench decision
\nof this Court rendered in the case of Bachan Singh v. State of Punjab,
\n[1980] 2 SCC 684 wherein the Court after referring to aggravating
\ncircumstances (para 202), the Court held that following mitigating cir-
\ncumstances (para 206) are undoubtedly relevant circumstances and must be
\ngiven weightage in determination of sentence :\n<\/p>\n
(1)    The age of the accused. If the accused is young or old, he shall not
\nbe sentenced to death,<\/p>\n
(2)    The probability that the accused would not commit criminal acts of
\nviolence as would constitute a continuing threat to society.\n<\/p>\n
(3)    The probability that the accused can be reformed and rehabilitated.\n<\/p>\n
The State shall by evidence prove that the accused does not satisfy the
\nconditions (3) and (4) above.\n<\/p>\n
(4)    That in the facts and circumstances of the case the accused believed
\nthat he was morally justified in committing the of-fence.\n<\/p>\n
(5)    That the accused acted under the duress or domination of another
\nperson.\n<\/p>\n
(6)    That the condition of the accused showed that he was men-tally
\ndefective and that the said defect impaired his capacity to appreciate the
\ncriminality of his conduct.”\n<\/p>\n
The Court further observed<\/p>\n
“there are numerous other circumstances justifying the passing of the
\nlighter sentence; as there are countervailing circumstances of aggravation.
\n“We cannot obviously feed into a judicial computer all such situations
\nsince they are astrological imponderables in an imperfect and undulating
\nsociety”. Nonetheless, it cannot be over-emphasised that the scope and
\nconcept of mitigating factors in the area of death penalty must receive a
\nliberal and expansive con-struction by the courts in accord with the
\nsentencing policy writ large in Section 354(3). Judges should never be
\nbloodthirsty. Hang-ing of murderers has never been too good for them. Facts
\nand figures, albeit incomplete, furnished by the Union of India, show that
\nin the past, courts have inflicted the extreme penalty with extreme
\ninfrequency – a fact which attests to the caution and compassion which they
\nhave always brought to bear on the exercise of their sentencing discretion
\nin so grave a matter. It is, therefore, imperative to voice the concern
\nthat courts, aided by the broad illustrative guidelines indicated by us,
\nwill discharge the onerous function to evermore scrupulous care and humane
\nconcern, directed along the highroad of legislative policy outlined in
\nSection 354(3), viz., that for an exception.”\n<\/p>\n
Hence it is settled law that sentence of death should be reserved for
\nrarest of the rare cases where sentence of imprisonment of life would be
\ninadequate. In each case for finding out whether it is rarest of the rare
\ncases, the Court has to balance the aggravating and mitigating circumstan-
\nces. From the evidence on record, it is apparent that the accused had
\ncommitted gruesome murders of innocent persons. There is no doubt that it
\nis pre-meditated and in a well thought out manner. He was also a member of
\nPara Military Force. As against this, it is also on record that he has not
\ncommitted any offence on any previous occasion. At the relevant time in
\n1990 when the incident took place, he was 23 years old. In this background,
\nif we refer to the evidence on record produced by the prosecution which is
\nin the form of applications (letters) written by the appellant-accused to
\nthe authorities and to his brother Parma Nand, it would reveal the
\nbackground in which accused appellant was under ex-treme mental disturbance
\nwhich lead him commit serious crime. We may mention that these
\napplications\/letters are used by the prosecution for establishing the
\nmotive behind the crime but, at the same time, court overlooked the serious
\nagony suffered by the accused which is revealed in applications. First
\napplication dated 22nd March, 1990 is written to the Deputy Commissioner,
\nRohtak for protection of his family members from the respondents and
\nrestrictioning them from encroaching on their plot. The application, inter
\nalia, reads as under : “On 2.2.90 the applicant went on leave to his
\nvillage at the ailment of his father. At that time the respondents raised
\nthe matter & warranted me that he could go on his duty after-lifting the
\nencroachment from the plot. The opposite party have three time family
\nmembers to us. They are strong headed rich persons. Seeing the opposition
\nvery strong, the applicant felt that the efforts would go useless. He
\ncalled a panchayat to sortout the matter. The Panchayat also said that the
\nplot was the property of applicant and the respondents were encroaching it
\nillegally. The respondent’s did not accept the decision of Panchayat. After
\nmy return at duty, the opposite party attacked on my family. They wanted to
\nkill my whole family. My family like parents, brothers & the wives of my
\nbrothers except my younger sister, received grievous injuries. The
\napplicant was told by his brother about the feud on 19.3.90. His brother
\nreturned on 20.3.90 after telling the whole talks. My father & brothers
\nwere got locked up in the police station Sampla by conniving with the
\nofficials. The applicant’s party tried his best to lodge the FIR againsl
\nthe opposite party but in vain. After the struggle a cross case was
\nentered. Now both side are on bail. The family of applicant is harassed by
\nthis way. They are giving open threat that if they would not hand over the
\npossession of the plot they could be killed. The family of applicant
\nhesitate to come out from their houses due to the fear of opposite party.
\nIn such<\/p>\n
circumstances I feel ….. to do my duty & 1 consider that I shall<\/p>\n
lose my balance of mind. Hence the action be taken against the opposite
\nparty & a direction be issued to protect my family & property. If it is not
\ndone his family can be ruined.”\n<\/p>\n
The next application dated 2.4.90 is written by the appellant to the
\nSuperintendent of Police (S.P.), Rohtak. In that application, appellant has
\nrequested S.P. Rohtak to take action against Chater Singh, Hawa Singh,
\nSatbir Singh, Rajbir and Suresh. The relevant part of the application is as
\nunder :-\n<\/p>\n
“I am serving in B.S.F. My father Sh Suraj Bhan and my younger brother live
\nin village Samchana P.S. Sampla. Now-a-days, I am on leave. I have one ghar
\nwhich is a ancestral property and surrounds of walls and we keep luggage in
\nit. Chatter Singh, Hawa Singh, Satbir, Rajbir and Suresh s\/o Sh. Mange Ram
\nand their sons want to take possession forcibly of our ghar. So my father
\nhad filed civil suit on 12.2.90 and stay order is granted for that Ghar. My
\nfather is an old man and we are alone. But the family members of Chattar
\nSingh are strong persons. These persons interfered in our possession
\ninspite of stay order and they want to possess forcibly our ghar. We had
\nalready filed an application before you, and you have marked it to the SHO
\nvide No. 601 SPR dated 29.3.90, but no action has been taken against them
\nup till now. The above noted persons and their sons namely Krishan, Dilbag
\ns\/o Chhattar Singh, Surinder s\/o Hawa Singh harass us. They always keep
\nready for quarrel and they are bent upon to possess forcibly our ghar”.\n<\/p>\n
Thereafter, there is another application Ex. PV\/3 dated 20.3.1990 written
\nto the S.P. Rohtak which, inter alia, recites as under :\n<\/p>\n
“I joined my duty on finishing my leaves. I went to do my duty. I am
\nserving in B.S.F. My younger brother and an old father live in village
\nhouse. My mother and my wife were attacked seriously and they were trying
\nto possess the above said Ghar. The accused are as under :\n<\/p>\n
1. Chatter Singh 2. Hawa Singh 3. Satbir Singh 4. Rajbir Singh 5. Suresh
\ns\/o Sh. Mange Ram 6. Krishan 7. Dilbag s\/o Sh. Chatter Singh 8. Gurinder
\ns\/o Sh Hawa Singh and remaining persons of their family. After that my
\nfather lodged the report to the SHO P.S. Sampla for restraining them to
\npossess the plot. But the SHO did not take any action; conniving with the
\naccused, the SHO confined my brother & father instead of them. They were
\nthreaten by dire consequences and they demanded five thousands as ransom we
\nare unable to arrange the money. So no action has been taken against those
\nculprits. I come on leave for two months in a year. They do not let me
\nremain peacefully and they harass us on the one pretext or other. There is
\nno solace in our houses. It is very difficult to come out from the house.”
\n(Emphasis added)<\/p>\n
The next application Ex. PV\/10 dated 15th May, 1990 written to S.P. Rohtak,
\ninter alia, reads as under :\n<\/p>\n
“On 11.5.90 in the morning time when our sister and the wives of our
\nbrothers went to throw dung in the morning in our ghar at that time,
\nsuddenly accused came out and attacked upon them and they inflicted
\ngrievious injuries to them with their jaili and lathies. The accused
\ninflicted grievous injuries to the wife of my younger brother, who has a
\nfoetus of seven months in her stomach. She is in dangerous condition and
\nadmitted in Ward No. 2 of MCH Rohtak. We had lodged the report in Police
\nStation Sampla about that matter. The accused stayed for two days in the
\npolice Station and then they were released and no action was taken against
\nthem. These persons are giving threats after their release.\n<\/p>\n
So, it is requested that legal action be taken against the accused so that
\nmy life and property may be protected from those persons and justice be
\ndone.”\n<\/p>\n
Lastly, we would refer to the letter dated 21st June, 1990 written to his
\nbrother Parma Nand which is reproduced in paragraph 61 of the Judgment
\nrendered by the Learned Sessions Judge. The incident took place on 28th
\nJune, 1990 and the said letter was written a week prior to the occurrence.
\nIt is true that this letter reveals that appellant was drawing concrete
\naction against the complainant party. But from the letter, it appears that
\nappellant was deeply annoyed, may be because as stated in the letter “We
\nhad taken ourselves dead when they had attacked our women-folk and sister.”
\nIt also reveals that the act of the appellant was pre-planned. This letter
\nno doubt reveals the mind of the appellant accused to the effect that he
\nhas decided to take revenge and was planning to take a concrete step in
\nthat behalf and that he was keeping it secret. In the said letter, he has
\nfurther written that at best, it would take 15 days for him for taking
\naction and “If we are to die, let this thing happen. If possible, give a
\nprompt reply and write which wall they were demolishing. Takes heed of what
\nI have written”.\n<\/p>\n
Learned Counsel for the appellant submitted that High Court as well as the
\nSessions Court ought to have referred to all the letters\/applications
\nwritten by the appellant and not only the last letter written by him to
\nfind out the motive and the well thought out manner in which murders were
\ncommitted. It is his contention that aforesaid applications written by the
\nappellant to the authorities reveal that the accused was compelled to
\nresort to the crime because he and his family members were finding
\nhelpless. This submission of the learned counsel for the appellant requires
\nto be accepted. From the aforestated applications to S.P. Rohtak or Commis-
\nsioner, it appears that accused was all throughout feeling that he and his
\nfamily members were humiliated by the other party who were rich and
\ninfluential and who were intending to grab the plot\/Ghar beloging to them.
\nApplications reveal that appellant accused was feeling much more hurt
\nbecause family members of the appellant including women-folk were not
\ngetting any police protection even though they were assaulted. It has been
\npointed out in the application that his younger brother’s wife having seven
\nmonths pregnancy was assaulted and she was required to be hospitalised. It
\nalso reveals that for a period of more than three months appellant was
\nrequesting the authorities to take action so that he and his family members
\ncan live in peace. It was his allegation that the SHO of the Police Station
\nwas conniving with the other side and had demanded five thousand rupees as
\na ransom which their family members were unable to pay, therefore, no
\naction was taken against the other party. He has pointed out that Panchayat
\nhas also arrived at the conclusion that the property belonged to his family
\nand yet other party was encroaching upon it. It was his grievance that
\ndespite the stay order granted by the Civil Court, other party wanted to
\ntake possession forcibly. The last letter written to his brother indicates
\nthat wall of the house was demolished. It is also stated that even though
\nhis parents, brothers, and wives of his brothers received grievous injuries
\nin the assault, yet they were locked up in the Police Station, Sampla
\nbecause of favour by the Officer. They tried to lodge the FIR against the
\nother party but it was in vain and after some struggle, cross cases were
\nregistered and both the sides were released on bail. He has also stated
\nthat in such situation, he may lose balance of mind. It appears that this
\nsituation continued and on 11th May, 1990 further incident took place when
\nthe accused inflicted injuries to the wife of younger brother of accused
\nhaving seven months pregnancy which resulted in these murders.\n<\/p>\n
Considering the aforesaid background of the matter, the question would be
\nwhether the case of the appellant could be one of the “rarest of the rare”
\ncases so that death sentence is required to be imposed. In our view, even
\nthough this is a gruesome act on the part of the appellant, yet it is a
\nresult of human mind going astray because of constant harassment of the
\nfamily members of the appellant as narrated above. It could be termed as a
\ncase of retribution or act for taking revenge. No doubt, it would not be a
\njustifiable act at all, but the accused was feeling morally justifiable on
\nhis part. Hence, it would be difficult to term it as the “rarest of the
\nrare” cases. Further this is not a crime committed because of lust for
\nwealth or women, that is to say, murders are neither for money such as
\nextortion, dacoity or robbery; nor even for lust and rape; it is not an act
\nof anti-social element kidnapping and trafficking in minor girls or of an
\nanti-social element dealing in dangerous drugs which affects the entire
\nmoral fibre of the society and kills number of persons; nor is it crime
\ncommitted for power or political ambitions or part of organised criminal
\nactivities. It is a crime committed by the accused who had a cause to feel
\naggrieved for injustice meeted out to his family members at the hands of
\nthe family of the other party who according to him were strong enough
\nphysically as well as economically and having influence with the authority
\nwhich was required to protect him and his family. The bitterness increased
\nto a boiling point and because of the agony suffered by him and his family
\nmembers at the hands of the other party and for not getting protection from
\nthe police officers concerned or total inaction despite repeated written
\nprayers goaded or compelled the accused to take law in his own hands which
\nculminated in gruesome murders; may be that his mind got derailed of the
\ntrack and went astray or beyond control because of extreme mental
\ndisturbances for the constant harrassment and disputes. Further considering
\nthe facts and circumstances, it cannot be said that he would be a menance
\nto the society; there is no reason to believe that he cannot be reformed or
\nrehabilitate and that he is likely to continue criminal acts of violence as
\nwould constitute as continuing threat to the society. He was working in
\nB.S.F. as a disciplined member of the armed forces aged about 23 at the
\nrelevant time, having no criminal antecedents.\n<\/p>\n
In the result, we are of the view that this case cannot be treated as one
\nof the rarest of rare cases where lesser sentence of imprisonment of life
\nwould not at all be adequate. Hence, we alter the sentence of death penalty
\nby awarding the sentence of imprisonment for life to the appellant. The
\nappeal is allowed to the aforesaid extent and stands disposed of
\naccordingly.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Om Prakash vs State Of Haryana on 22 February, 1999 Bench: K.T. Thomas, M.B. Shah CASE NO.: Appeal (crl.) 224 of 1999 PETITIONER: OM PRAKASH RESPONDENT: STATE OF HARYANA DATE OF JUDGMENT: 22\/02\/1999 BENCH: K.T. THOMAS & M.B. SHAH JUDGMENT: JUDGMENT 1999 (1) SCR 794 The Judgment of the Court was […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-229821","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nOm Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Om Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"1999-02-21T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-11-27T09:23:16+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"23 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Om Prakash vs State Of Haryana on 22 February, 1999\",\"datePublished\":\"1999-02-21T18:30:00+00:00\",\"dateModified\":\"2015-11-27T09:23:16+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999\"},\"wordCount\":4654,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Supreme Court of India\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999\",\"name\":\"Om Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"1999-02-21T18:30:00+00:00\",\"dateModified\":\"2015-11-27T09:23:16+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/om-prakash-vs-state-of-haryana-on-22-february-1999#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Om Prakash vs State Of Haryana on 22 February, 1999\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Om Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999","og_locale":"en_US","og_type":"article","og_title":"Om Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"1999-02-21T18:30:00+00:00","article_modified_time":"2015-11-27T09:23:16+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"23 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Om Prakash vs State Of Haryana on 22 February, 1999","datePublished":"1999-02-21T18:30:00+00:00","dateModified":"2015-11-27T09:23:16+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999"},"wordCount":4654,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Supreme Court of India"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999","url":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999","name":"Om Prakash vs State Of Haryana on 22 February, 1999 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"1999-02-21T18:30:00+00:00","dateModified":"2015-11-27T09:23:16+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/om-prakash-vs-state-of-haryana-on-22-february-1999#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Om Prakash vs State Of Haryana on 22 February, 1999"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/229821","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=229821"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/229821\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=229821"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=229821"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=229821"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}