Crime of passion not 'rarest of rare': SC

New Delhi, Aug 8 (UNI) The Supreme Court has held that crime of passion does not fall within the category of 'rarest of rare' cases, while reducing the death sentence of a double murderer to life imprisonment.

The ruling was handed down by a Bench comprising Justices S B Sinha and Markandey Katju while commuting the death sentence awarded to one Kulwinder Singh for murdering two women by inflicting injuries on their bodies when one of them tried to resist his attempt to rape her.

Hardeep Kaur had received 16 ghandasa (sharp edged weapon) injuries when she tried to resist the effort of the appellant to rape her on August 4, 2002 in village Basiala.

When her grandmother Joginder Kaur tried to rescue her she was also attacked and received 16 injuries on her body. Both Hardeep and Joginder died on the spot.

Justice Katju, writing the judgement for the Bench, observed '' However, while upholding the conviction of the appellant under section 302 IPC, we reduce the sentence to life imprisonment since it appears to us that the crime was committed in a fit of passion and does not come within the category of 'rarest of the rare' cases.

The appeal stands disposed of accordingly with the observation made above''.

The trial court had awarded capital punishment to Kulwinder holding that a person who constituted a threat to ordered society has forfeited his right to life by his barbarity and sentenced him to death.

The Punjab and Haryana High Court, however, upheld the conviction of the appellant under 302 IPC but set aside the death sentence and sent the matter back to Sessions judge to reconsider the quantum of sentence.

UNI