Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Death sentence–Sustainability–Murder of wife and son–Appellant is not having any criminal antecedent nor he has any psychological tendencies which would make it apparent that he would be a threat to society at large–He was a family man, who was taking care of his family–He never assaulted her minor daughter nor was any evidence that he was regularly assaulting his wife–The fact that only one injury was caused to each, makes it clear that the case does not fall in the category of rarest of the rare case so as to justify for awarding the capital punishment–Sentence deserves to be commuted to 20 year’s imprisonment without any possibility of parole or premature release.
