SHASHI NAYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Shashi Nayar wife of Raj Gopal Nayar who has been awarded death sentence for offence under S. 302 of the Penal Code ('IPC'for short) has approached this Court by means of this petition under Art. 32 of the Constitution challenging the constitutional validity of death penalty.

(2.) Raj Gopal Nayar, the petitioner's husband was tried for offence under S. 302, IPC for having killed his father and step brother. The Sessions Judge by his judgment and order dated 24-4-1986 convicted Raj Gopal Nayar and awarded sentence of death. On appeal, the High Court confirmed the death penalty and dismissed Raj Gopal's appeal against the order of the Sessions Judge. Raj Gopal thereafter filed a special leave petition before this Court challenging the judgment and order of the Sessions Judge and the High Court, but the special leave petition was also dismissed by this Court. Review petition filed by him was also dismissed. Consequently, his conviction and the sentence of death stood confirmed by all the courts. Thereupon, he filed mercy petitions before the Governor of Jammu and Kashmir and the President of India, but the same were rejected. He challenged the order of the President of India rejecting the mercy petition before this Court by means of a writ petition under Article 32 of the Constitution, but the same was also dismissed. Another writ petition under Article 226 of the Constitution was filed before the Jammu and Kashmir High Court for quashing the sentence imposed on him but the same was also rejected. As the legal proceedings before the Court failed, he was to be hanged on 26-10-199 1. Smt. Shashi Nayar, the petitioner, thereupon filed the present petition under Article 32 of the Constitution before this Court challenging the validity of the capital punishment with a prayer for the quashing of the sentence awarded to Raj Gopal Nayar. The petition was entertained by a Division Bench on 25-10-1991 and the matter was referred to the Constitution Bench for consideration, and meanwhile the execution of the condemned prisoner was stayed.

(3.) Mr. Ravi K. Jain, learned counsel for the petitioner made the following submissios.