{"id":89377,"date":"1999-12-17T00:00:00","date_gmt":"1999-12-16T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2"},"modified":"2019-01-31T12:59:23","modified_gmt":"2019-01-31T07:29:23","slug":"kishori-vs-state-nct-of-delhi-on-17-december-1999-2","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2","title":{"rendered":"Kishori vs State (Nct) Of Delhi on 17 December, 1999"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Kishori vs State (Nct) Of Delhi on 17 December, 1999<\/div>\n<div class=\"doc_bench\">Bench: K.T. Thomas, D.P. Mohapatra<\/div>\n<pre>           CASE NO.:\nAppeal (crl.)  1376 of 1999\n\nPETITIONER:\nKISHORI\n\nRESPONDENT:\nSTATE (NCT) OF DELHI\n\nDATE OF JUDGMENT: 17\/12\/1999\n\nBENCH:\nK.T. THOMAS &amp; D.P. MOHAPATRA\n\nJUDGMENT:\n<\/pre>\n<p>JUDGMENT<\/p>\n<p>1999 Supp(5) SCR 494<\/p>\n<p>The Judgment of the Court was delivered by<\/p>\n<p>D.P. MOHAPATRA, J. Having been sentenced to death and ordered to-be hanged<br \/>\nby neck till death by the trial court and confirmed by the High Court of<br \/>\nDelhi, the appellant Kishori filed the Special Leave Petition seeking leave<br \/>\nof this Court to challenge the judgment of the High Court, By order dated<br \/>\n27.9.1999 this Court issued notice to the respondents and stayed execution<br \/>\nof the death penalty until the disposal of the case.\n<\/p>\n<p>Leave granted.\n<\/p>\n<p>The fact situation of the case leading to the present proceeding may be<br \/>\nshortly stated thus:\n<\/p>\n<p>Immediately following the assassination of Mrs. Indira Gandhi, the then<br \/>\nPrime Minister, large scale rioting and arson took place in different parts<br \/>\nof Delhi on the 1st and 2nd November, 1984. Many persons, young, old and<br \/>\nchildren belonging to Sikh community were mercilessly killed. The incident<br \/>\nin the present case took place in Block No. 30, 32 and 34 of Trilok Puri on<br \/>\n1.11.1984. Amongst the large number of persons killed during the riots were<br \/>\nbarshan Sing aged 24 years, Aman Singh aged 22 years and Nirmal Singh aged<br \/>\n18 years, related as brothers and one Kirpal Singh brother of Mansa Singh.<br \/>\nMany houses were gutted and many persons were burnt alive in the area.<br \/>\nSubsequently on the intervention of the Police and other authorities<br \/>\nsurviving members of the families affected by me riots were removed to<br \/>\nrelief camps.\n<\/p>\n<p>On 17.11.84 me statement of Mansa Singh was recorded in me relief camp on<br \/>\nthe basis of which FIR No. 426\/84 relating to the incident in the present<br \/>\ncase was registered. On the basis of the FIR and the materials placed by<br \/>\nthe police, Sessions case No. 53\/95 was instituted and charges were framed<br \/>\nunder sections 148, 1-83, 302 and 397 read with section 149 IPC against<br \/>\nfour accused persons namely Kishori (appellant) Ram Pal, Saroj and Shabnam.\n<\/p>\n<p>The prosecution examined Mansa Singh who disclosed the names of two more<br \/>\npersons as members of the unlawful assembly involved in the incident namely<br \/>\nBudh Prakash and Md. Abbas. They were joined as accused under section 319<br \/>\n(1) of the Code of Criminal procedure and were summoned to face trial along<br \/>\nwith other accused persons. On completion of the trial the Additional<br \/>\nSessions Judge, Delhi on appreciation of the evidence found Kishori, Dr.<br \/>\nBudh Prakash and Mohammad Abbas guilty of the offences charged and<br \/>\nconvicted each of them and sentenced each of them under section 148 IPC to<br \/>\nundergo Rigorous imprisonment (RI) for 2 years, under section 188 IPC to RI<br \/>\nfor 6 months, under section 397 read with section 149 IPC to RI for 10<br \/>\nyears and a fine of Rs. 20,000 in default to undergo RI for another two<br \/>\nyears, and under section 302 read with section 149 IPC to the sentence of<br \/>\ndeath and a fine of Rs, 30,000 in default to RI for 2 years more. All the<br \/>\nthree convicts were ordered to be hanged by neck till their death. All the<br \/>\nsubstantive sentences were made to run concurrently. All the convicts filed<br \/>\nappeals before the High Court challenging the judgment of the trial court.\n<\/p>\n<p>The High Court on perusal of the records arid on consideration of the<br \/>\ncontentions raised on behalf of the parties allowed the appeals filed by<br \/>\nDr. B.P. Kashyap alias Dr. Lamboo and Mohammed Abbas, set aside the order<br \/>\nof conviction and sentence and acquitted them of the charges. The High<br \/>\nCourt confirmed the order of conviction and sentence passed against the<br \/>\nappellant Kishori. The operative portion of the judgment reads as follows:\n<\/p>\n<p>&#8220;The crime in the present case qua appellant Kishori falls in the category<br \/>\nof rarest of rare cases and the sentence has to be commensurate with the<br \/>\ndegree\/gravity of the offence so that a required message is sent.\n<\/p>\n<p>In the above view of the matter, having regard to the evidence as above, in<br \/>\nour view the conviction and death sentence imposed by the Trial Court on<br \/>\nKishori son of Hoshiar Singh (appellant in Crl. A. No. 313\/98) deserves to<br \/>\nbe confirmed tinder Section 366 of the Code whereas the conviction and<br \/>\nsentence of appellants Dr. Budh Prakash Kashyap @ Dr. Lamboo son of Jayanti<br \/>\nPrashad (appellant in Crl. A. No, 455\/97) and Mohammed Abbas son of Munsif<br \/>\nAll (appellant in Crl. A.No.421\/97) deserves to set aside.\n<\/p>\n<p>In the result. Criminal Appeal No, 313\/98 being devoid of merits is<br \/>\ndismissed The murder reference No. 6\/97 under Section 366 of the Code is<br \/>\npartly accepted to the extent that the death sentence imposed on Kishori<br \/>\nson of Hoshiar Singh only is confirmed. Criminal Appeals No,421\/97 and<br \/>\n455\/97 are allowed. The conviction and sentence imposed on appellants Dr.<br \/>\nBudh Prakash Kashyap @ Dr. Lamboo son of Jayanti Prashad and Mohammad Abbas<br \/>\nson of Munsif Ali are set aside.&#8221;\n<\/p>\n<p>From the discussion in the judgment it appears, that there were two eye-<br \/>\nwitnesses to the occurrence, i.e. PW3 Mansa Singh and PW7 Devi Kaur wife of<br \/>\nMansa Singh. The High Court placed reliance on the ocular testimony of PW3<br \/>\nbut did not place reliance on the statement of PW7. Referring to the<br \/>\nevidence of PW3 the Court observed:\n<\/p>\n<p>&#8220;The evidence of PW3 suggests that Kishori was one of the members of the<br \/>\nunlawful assembly which pulled out Darshan Singh, Nirmal Singh and Amar<br \/>\nSingh from House No. 32\/7, Trilok Puri on 1.1.1984 around 10 AM, It is<br \/>\nclearly stated that the members of this unlawful assembly killed aforesaid<br \/>\nthree sons of PW3. A categorical statement has been made by PW3 that<br \/>\nKishori present in court was Having a big pig cutting knife and was one of<br \/>\nthe members of the mob and that he cut the sons of PW3 It is pertinent to<br \/>\nnote that there is no cross-examination challenging the statement of PW3 to<br \/>\nthe effect that Kishori was living in block No. 31 and was having shop near<br \/>\nGurudwara on the main road of block no. 32. On the contrary, the suggestion<br \/>\ndenied by the witness is that he used to play cards at the shop of Kishori.<br \/>\nIt has been categorically stated that witness knew Kishori 2\/3 years before<br \/>\nthe riots and had opened a meat shop opposite Gurudwara in Khokha. This<br \/>\nwould suggest that Kishori was known to the witness much prior to the<br \/>\nincident and was having a meat shop opposite Gurudwara. Even in the<br \/>\nstatement dated 17.11.1984 under section 161 of the Code the witness has<br \/>\nattributed a specific overt act of killing his sons with big knife by<br \/>\nKishori as one of the members of the unlawful assembly. Thus, Kishori has<br \/>\nbeen attributed the act of killing sons of PW3 with big knife as the member<br \/>\nof unlawful assembly. There is no omission or contradiction proved on<br \/>\nrecord as regards the role of Kishori in the incident. As far as PW3 is<br \/>\nconcerned his statement u\/s 161 of the code, first in point of time was<br \/>\nrecorded on 17.11.1984 wherein Kishori has been not only specifically named<br \/>\nbut an overt act, as pointed out above, has been attributed to him as the<br \/>\nmember of the unlawful assembly. PW3 has in categorical terms stated that<br \/>\nwhen the incident took place he was in his house No. 32\/7, Trilok Puri<br \/>\nalong with his family members and that the mob of rioters pulled out his<br \/>\nsons Darshan Singh, Amar Singh and Nirmal Singh from the house and killed<br \/>\nthem. The incident of killing the sons of PW3 by Kishori has taken place<br \/>\nafter the deceased were pulled out from the house by the mob. In our<br \/>\nopinion the principle laid down in the case of <a href=\"\/doc\/1102163\/\">State of Rajasthan v.<br \/>\nMahaveer Singh &amp; Others<\/a> will not be applicable to the present case, in view<br \/>\nof the specific overt act on the part of Kishori, though no specific overt<br \/>\nact would be necessary when Section 149 IPC is taken aid of<\/p>\n<p>Thus, it will be seen that Kishori has been named as one of the members of<br \/>\nthe unlawful assembly carrying big knife and is stated to have cut the sons<br \/>\nof the witness, that Kishori is identified as he was having a meat shop in<br \/>\nthe area and known to the witness much prior to the occurrence whereas Budh<br \/>\nPrakash and Mohd. Abbas known to PW3 since 1976, are implicated in me crime<br \/>\nas the members of the unlawful assembly, identified by the witness only<br \/>\nduring his testimony and not earlier.&#8221;\n<\/p>\n<p>Though the teamed counsel for the appellant made an attempt to assail the<br \/>\nfinding of guilt concurrently recorded by the trial Court and the High<br \/>\nCourt, we find no good ground to interfere with the judgment of the High<br \/>\nCourt, finding the appellant guilty of the charges particularly charge<br \/>\nunder section 302 IPC.\n<\/p>\n<p>On the question of sentence the learned counsel for the appellant<br \/>\nstrenuously urged that the present case cannot be said to be a `rarest of<br \/>\nrare cases&#8217; which calls for imposition of capital sentence imposed on the<br \/>\nappellant Elucidating his contention the learned counsel submitted that the<br \/>\nincident took place during a time when anger and passion of me public at<br \/>\nlarge had been aroused against members of the Sikh community giving rise to<br \/>\nwidespread riots in which people gave vent to their anger against members<br \/>\nof the said community. According to the learned counsel the incident was an<br \/>\noutcome of mob frenzy when normal human behaviour had taken a back-seat and<br \/>\nthe animal instinct in man ran high with the members of the frenzied mob.<br \/>\nIn such circumstances, submitted the learned counsel, the appellant<br \/>\ndeserves to be served with the lesser punishment of life imprisonment in<br \/>\nplace of sentence of death. The learned counsel for the State, on the other<br \/>\nhand urged that taking into account the brutal and merciless manner in<br \/>\nwhich the three young persons were dragged out of their house and hacked to<br \/>\ndeath in presence of their, family members, no leniency should be shown to<br \/>\nthe appellant and this Court should confirm the order imposing capital<br \/>\nsentence on the appellant.\n<\/p>\n<p>Some of the observations made by this Court in this connection are quoted<br \/>\nhereunder<\/p>\n<p><a href=\"\/doc\/1837051\/\">Jagmohan Singh v. State of U.P.<\/a> [1973] 1 SCC 20<\/p>\n<p>&#8220;24 The policy of the law is giving a very wide discretion in the matter of<br \/>\npunishment to the Judge has its origin in the impossibility of laying down<br \/>\nstandards. Take, for example, the offence of Criminal Breach of Trust<br \/>\npunishable under Sec.409, Indian Penal Code. The maximum punishment<br \/>\nprescribed for the offence is imprisonment for life. The minimum could be<br \/>\nas low as one day&#8217;s imprisonment and fine. It is obvious that if any<br \/>\nstandards were to be laid down with regard to several kinds of breaches of<br \/>\ntrust by the persons referred in that section, that would be an impossible<br \/>\ntask. All that could be reasonabl; done by the Legislature is to tell the<br \/>\nJudges that between the maximum and minimum prescribed for an offence, they<br \/>\nshould, on balancing the aggravating and mitigating circumstances as<br \/>\ndisclosed in the case, judicially, decide, what would be the appropriate<br \/>\nsentence. Take the other case of the offence of causing hurt. Broadly, that<br \/>\noffence is divided into two categories-simple hurt and grievous hurt.<br \/>\nSimple hurt is again sub-divided-simple hurt caused by a lethal Weapon is<br \/>\nmade punishable by a higher maximum sentence-Section 324. Where grievous<br \/>\nhurt is caused by a lethal weapon, it is punishable under Section 326 and<br \/>\nis a more aggravating form of causing grievous hurt than the one punishable<br \/>\nunder Section 325. Under Section 326 the maximum punishment is imprisonment<br \/>\nfor life and the minimum can be one day&#8217;s imprisonment and fine. Where a<br \/>\nperson by a lethal weapon causes a slight fracture of one of the un-<br \/>\nimportant bones of the human body, he would be as much punishable under<br \/>\nSection 326, Indian Penal Code as a person who with a knife scoops out the<br \/>\neyes of his victim. It will be absurd to say that both of them, because<br \/>\nthey are liable under the same section should be given the same punishment.<br \/>\nHence too, any attempt to lay down standards why in one case there should<br \/>\nbe more punishment and in the other less punishment would be an impossible<br \/>\ntask. What is thus true with regard to punishment imposed for other<br \/>\noffences of the Code is equally true in the case of murder punishable under<br \/>\nSection 302, Indian Penal Code. Two alternate &#8220;sentences are provided one<br \/>\nof which could be described as the maximum and the other minimum. The<br \/>\nchoice is between these two punishments and as in other cases the<br \/>\ndiscretion is left to the Judge to decide upon the punishment in the same<br \/>\nmanner as it does in the case of other offences, namely, balancing the<br \/>\naggravating-and mitigating circumstances. The framers of the Code attempted<br \/>\nto confine the offence of murder within as narrow limits as it was possible<br \/>\nfor them to do in the circumstances. All culpable homicides were not made<br \/>\npunishable under Section 302, Indian Penal Code. Culpable homicides were<br \/>\ndivided broadly into two classes : (1) culpable homicide amounting to<br \/>\nmurder and (2) culpable homicide not amounting to murder. Culpable homicide<br \/>\nwhich fell in the one or the other of the four strictly limited categories<br \/>\ndescribed in Section 300, Indian Penal Code amounted to murder unless it<br \/>\nfell in one of the five exceptions mentioned in that section, in which case<br \/>\nthe offence of murder was reduced to culpable homocide not amounting to<br \/>\nmurder. Any further refinement in the definition of murder was not<br \/>\npracticable and therefore, not attempted. The recent experience of the<br \/>\nRoyal Commission referred to above only emphasizes the extreme difficulty.<br \/>\nThe Commission frankly admitted that it was not possible to prescribe the<br \/>\nlesser punishment of imprisonment for life by redefinition of murder or by<br \/>\ndividing murder into degrees. It conceded that no formula was possible that<br \/>\nwould provide a reasonable criterion for the infinite variety of<br \/>\ncircumstances that may affect the gravity of the crime of murder. That<br \/>\nconclusion forced the Commission to the view that discretionary judgment On<br \/>\nthe facts of each case is the only way in which they can be equitably<br \/>\ndistinguished. See para 595 of the Commission&#8217;s Report.\n<\/p>\n<p>26. In India this onerous duty is cast upon Judges and for more than a<br \/>\ncentury the judges are carrying&#8217; out this duty under the Indian Penal Code.<br \/>\nThe impossibility of laying down standards is at the very core of the<br \/>\nCriminal law as administered in India which invests the Judges with a very<br \/>\nwide discretion in the matter of fixing me degree of punishment. The<br \/>\ndiscretion in the matter of sentence is, as already pointed out, liable to<br \/>\nbe corrected by superior courts. Laying down of standards to the limited<br \/>\nextent possible as was done in me Model Judicial Code would not serve the<br \/>\npurpose. The exercise of judicial discretion on well-recognised principles<br \/>\nis, in the final analysis, the safest possible safeguards for the accused.<br \/>\nBachan Singh v. State of Punjab, [1989] 2 SCC 684<\/p>\n<p>&#8220;209. There are numerous other circumstances justifying the passing of the<br \/>\nlighter sentence; as there are countervailing circumstances of aggravation,<br \/>\n&#8220;We cannot obviously feed into a judicial computer all such situations<br \/>\nsince they are astrological imponderables in an imperfect and undulating<br \/>\nsociety.&#8221; Nonetheless, it cannot be over-emphasised that the scope and<br \/>\nconcept of mitigating factors in the area of death penalty must receive a<br \/>\nliberal and expansive construction by the courts in accord with the<br \/>\nsentencing policy writ large in Section 354(3). Judges should never be<br \/>\nbloodthirsty. Hanging of murderers has never been too good for them. Facts<br \/>\nand figures, albeit incomplete, furnished by the Union of India, show mat<br \/>\nin the past, courts have inflicted the extreme penalty with extreme<br \/>\ninfrequency-a fact which attests to the caution and compassion which they<br \/>\nhave always brought to bear on the exercise of their sentencing discretion<br \/>\nin so grave a matter. It is, therefore, imperative to voice the concern<br \/>\nthat courts, aided by the broad illustrative guidelines indicated by us,<br \/>\nwill discharge the onerous junction with evermore scrupulous care and<br \/>\nhumane concern, directed along me highroad of legislative policy outlined<br \/>\nin Section 354(3), viz., that for persons convicted of murder, life<br \/>\nimprisonment is the rule and death sentence an exception. A real and<br \/>\nabiding concern for the dignity of human life postulates resistance to<br \/>\ntaking a life through law&#8217;s instrumentality. That ought not to be done save<br \/>\nhi the rarest of rare cases when the alternative option is unquestionably<br \/>\nforeclosed.\n<\/p>\n<p>During hearing of this case it was stated at the bar that the appellant<br \/>\nKishori was allegedly involved in several incidents which gave rise to<br \/>\nseven cases, four of which ended in his acquittal and in the remaining 3<br \/>\ncases he was convicted and sentenced to death. One such case was decided by<br \/>\nthis Court by me Judgment rendered on 1.12.98 in Crl. Appeal No. 147\/98<br \/>\nwith Crl. Appeal No. 148\/98 <a href=\"\/doc\/939280\/\">Kishori v. State of Delhi,<\/a> [1999] 1 SCC 148, In<br \/>\nthat case a Bench of two learned Judges of this Court took me view that on<br \/>\ntotality of circumstances that was not a case where the courts below should<br \/>\nhave imposed capital punishment; this Court reduced the sentence from<br \/>\ncapital punishment to life imprisonment. Considering the question as to the<br \/>\ncircumstances in which capital punishment can be imposed this Court took<br \/>\nnote of the decisions in-Macchi Singh v. State of Punjab, [1983] 3 SCC 470;<br \/>\nAjmer Singh v. State of Punjab, [1977] 1 SCC 659; <a href=\"\/doc\/1046168\/\">State of U.P. v. Bhoora,<\/a><br \/>\n[1998] 1 SCC 128; <a href=\"\/doc\/1209524\/\">Hardayal v. State of U.P.<\/a> [ 1976] 2 SCC 812; <a href=\"\/doc\/1559334\/\">Balraj v.<br \/>\nState of U.P.,<\/a> [1994] 4 SCC 29; <a href=\"\/doc\/1944121\/\">Kesar Singh v. State of Punjab,<\/a> [1974] 4<br \/>\nSCC 278; Ediga Canamma v. State of A.P. [1974] 4 SCC 443; <a href=\"\/doc\/667950\/\">Shivaji Genu<br \/>\nMohite v. State of Maharashtra,<\/a> [1973] 3 SCC 219; <a href=\"\/doc\/696089\/\">Sarwan Singh v. State of<br \/>\nPunjab,<\/a> [1978] 4 SCC 111 and <a href=\"\/doc\/1593993\/\">Shankar v. State of T.N.,<\/a> [1994] 4 SCC 478.<br \/>\nThis Court made the following observations:\n<\/p>\n<p>&#8220;The law is well settled by reason of the decisions of this Court as to the<br \/>\ncircumstances in which capital punishment can be imposed. It is held<br \/>\ntherein that capital punishment can be imposed in the rarest of the rare<br \/>\ncases and if there are any aggravating circumstances such as the accused<br \/>\nhaving any criminal record in the past, the manner of committing the crime,<br \/>\ndelay in imposing the sentence and so on. In the present case, the<br \/>\nprosecution case, as unfolded before the Court indicates that the riot in<br \/>\nDelhi broke out as a result of the death of Smt. Gandhi and her death<br \/>\nappears to be the symbol or web around which the violent emotions were<br \/>\nreleased. The death of Smt. Gandhi became a powerful symbolic image as a<br \/>\nresult of which the crowds were perpetrating violence in the height of<br \/>\nfrenzy. It is common experience that when people congregate in crowds,<br \/>\nnormal defences are lowered so that the crowd instinct assaults on the<br \/>\nsense of individuality or transcends one&#8217;s individual boundaries by<br \/>\noffering a release from inhibitions from personal doubts and anxiety. In<br \/>\nsuch a situation, one can well imagine that a member of such a group loses<br \/>\none&#8217;s self and the normal standard or sense of judgment and reality. The<br \/>\nprimary motivational factor in the assembly of a violent mob may result in<br \/>\nthe murder of several persons. Experts in criminology often express mat<br \/>\nwhen there is a collective action, as in the case of a mob, there is a<br \/>\ndiminished individual responsibility unless there are special circumstances<br \/>\nto indicate that a particular individual had acted with any<br \/>\npredetermination such as by use of a weapon not normally found. If,<br \/>\nhowever, a member of such a crowd picks up an article or a weapon which is<br \/>\nclose by and joints the mob, either on his own volition or at the<br \/>\ninstigation of the mob responding to the exhortation of the mob, playing no<br \/>\nrole of leadership, we may very well say that such a person did not intent<br \/>\nto commit all the acts which a mob would commit left to himself, but did so<br \/>\nunder the influence of collective fury. All the witnesses in this case<br \/>\nspeak that there was a mob attack resulting in the death of the three<br \/>\npersons. Though the appellant is stated to be responsible for inflicting<br \/>\ncertain knife injuries yet it is not clear whether those injuries<br \/>\nthemselves would have been sufficient to result in the death of the<br \/>\ndeceased. In the absence of any medical evidence in these cases, it has<br \/>\nbecome very difficult to draw any inference as to the injuries inflicted by<br \/>\nthe appellant We are conrious of the fact that when an accused person is<br \/>\ncharged with and offence not only under Section 302 IPC but also read with<br \/>\nSection 34 IPC or Section 149 IPC, the culpability of such an accused<br \/>\nresulting in the death of the person will not be less that of homocide<br \/>\namounting to murder. But what we are weighing now is whether such<br \/>\nculpability is of such a nature which should result in capital punishment<br \/>\nto the accused.\n<\/p>\n<p>It is no doubt true that the high ideals of the Constitution have to be<br \/>\nborne in mind, but when normal life breaks down and groups of people go<br \/>\nberserk losing balance of mind, the rationale that the ideals of the<br \/>\nConstitution should be upheld or followed, may not appeal to them in such<br \/>\ncircumstances, nor can we expect such loose heterogeneous group of persons<br \/>\nlike a mob to be alive to such high ideals. Therefore, to import the ideas<br \/>\nof idealism to a mob in such a situation may not be realistic. It is no<br \/>\ndoubt true that courts must be alive and in tune with the notions prevalent<br \/>\nin the society and punishment imposed upon an accused must be commensurate<br \/>\nwith the heinousness of the crime. We have elaborated earlier in the course<br \/>\nof our judgment as to how mob psychology works and it is very difficult to<br \/>\ngauge or assess what the notions of society are .in a given situation.<br \/>\nThere may be one section of society which may cry for a very deterrent<br \/>\nsentence while another section of society may exhort upon the court to be<br \/>\nlenient in the matter. To gauge such notions is to rely upon highly<br \/>\nslippery imponderables and, in this case, we cannot be definite about the<br \/>\nviews of society.\n<\/p>\n<p>We may notice that the acts attributed to the mob of which the appellant<br \/>\nwas a member at the relevant time cannot be stated to be a result of an<br \/>\norganized systematic activity leading to genocide. Perhaps, we can<br \/>\nvisualise that to the extent there was unlawful assembly and to the extent<br \/>\nthat the mob wanted to teach a sterr, lesson to the Sikhs, there was some<br \/>\norganisation; but in that design, that they did not consider that women and<br \/>\nchildren should be annihilated which is a redeeming feature. When an<br \/>\namorphous group of persons come together, it cannot be said that they<br \/>\nindulge in any systematic or organized activity. Such group may indulge in<br \/>\nactivities and may remain cohesive only for a temporary period and<br \/>\nthereafter would disintegrate. The acts of the mob of which the appellant<br \/>\nwas a member cannot be stated to be the result of an organisation or any<br \/>\ngroup indulging in violent activities formed with any purpose or scheme so<br \/>\nas to call an organised activity. In that sense, we may say that the acts<br \/>\nof the mob of which the appellant was a member was only the result of a<br \/>\ntemporary frenzy which we have discussed earlier. He did not play the role<br \/>\nof a leader of the mob as noticed earlier;&#8221;\n<\/p>\n<p>On perusal of the judgment of the trial court and the High Court and the<br \/>\nevidence of the eye witnesses we find that the incident giving rise to the<br \/>\npresent case took place in the circumstances similar to those in <a href=\"\/doc\/939280\/\">Kishori v.<br \/>\nState of Delhi<\/a> (supra). We are also satisfied that the discussion and the<br \/>\nobservations made by this Court in that case apply with equal force in the<br \/>\npresent case. We are in respectful agreement with the principles discussed<br \/>\ntherein.\n<\/p>\n<p>On the totality of the circumstances, we are of the opinion that this is<br \/>\nnot a case which can be called `a rarest of rare cases&#8217; which warrants<br \/>\nimposition of maximum punishment of capital sentence. Therefore, while<br \/>\nconfirming the conviction of the appellant on the charges framed against<br \/>\nhim we reduce the sentence from capital punishment to the life<br \/>\nimprisonment. With this modification the appeal stands dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Kishori vs State (Nct) Of Delhi on 17 December, 1999 Bench: K.T. Thomas, D.P. Mohapatra CASE NO.: Appeal (crl.) 1376 of 1999 PETITIONER: KISHORI RESPONDENT: STATE (NCT) OF DELHI DATE OF JUDGMENT: 17\/12\/1999 BENCH: K.T. THOMAS &amp; D.P. MOHAPATRA JUDGMENT: JUDGMENT 1999 Supp(5) SCR 494 The Judgment of the Court was [&hellip;]<\/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-89377","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; 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\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court &amp; High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"1999-12-16T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2019-01-31T07:29:23+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=\"20 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Kishori vs State (Nct) Of Delhi on 17 December, 1999\",\"datePublished\":\"1999-12-16T18:30:00+00:00\",\"dateModified\":\"2019-01-31T07:29:23+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\"},\"wordCount\":4049,\"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\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\",\"name\":\"Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"1999-12-16T18:30:00+00:00\",\"dateModified\":\"2019-01-31T07:29:23+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Kishori vs State (Nct) Of Delhi on 17 December, 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":"Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; 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\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2","og_locale":"en_US","og_type":"article","og_title":"Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2","og_site_name":"Free Judgements of Supreme Court &amp; High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"1999-12-16T18:30:00+00:00","article_modified_time":"2019-01-31T07:29:23+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":"20 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Kishori vs State (Nct) Of Delhi on 17 December, 1999","datePublished":"1999-12-16T18:30:00+00:00","dateModified":"2019-01-31T07:29:23+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2"},"wordCount":4049,"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\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2","url":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2","name":"Kishori vs State (Nct) Of Delhi on 17 December, 1999 - Free Judgements of Supreme Court &amp; High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"1999-12-16T18:30:00+00:00","dateModified":"2019-01-31T07:29:23+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/kishori-vs-state-nct-of-delhi-on-17-december-1999-2#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Kishori vs State (Nct) Of Delhi on 17 December, 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\/89377","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=89377"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/89377\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=89377"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=89377"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=89377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}