Harbans Singh v. State of U.P., AIR 1982 SUPREME COURT 849
Coram : 3

Y. V. CHANDRACHUD, C.J.I.,
D. A. DESAI AND
AMARENDRA NATH SEN, JJ.*

Writ Petn. No. 7453 of 1981, D/- 12 -2 -1982

Constitution of India, Art.32 and Art.72 - Penal Code (45 of 1860), S.53 and S.302 - MURDER - DEATH SENTENCE - Multiple murder case - Accused persons convicted and sentenced to death by common judgment - Death penalty commuted into imprisonment for life of one co-accused- Other co-accused is also entitled to commutation - Duty of prison authorities before execution of death sentence stated.
Criminal P.C. (2 of 1974), S.368 and S.434.
The petitioner and two other accused J and K were convicted in a multiple murder case and sentenced to death by a common judgment. J filed special leave petition to Supreme Court but was dismissed. K filed special leave petition and obtained leave on question of sentence. Ultimately his death sentence was commuted to imprisonment for life. The petitioner's special leave petition was dismissed by Supreme Court and his review petition was also dismissed. His petition before President was also dismissed. J did not file any review petition and he was executed. The petitioner was also to be executed. The petitioner was also to be executed on the same day but he filed a petition under Art. 32 and obtained stay of execution. It was clear that no distinction at all could be made between the part played by K on the one hand and the petitioner on the other.
Held that since K's death sentence was commuted by the Supreme Court, it would be unjust to confirm the death sentence imposed upon the petitioner. That would involve the Court as well as the authorities concerned in the violation of rudimentary norms governing the administration of justice. (Para 6)
In view of the background of the case it would not be wrong if the Supreme Court itself were