SHIVKUMAR RAMSUNDAR SAKET V. STATE OF MAHARASHTRA, 2024 (SC) 784
Facts: On the night of December 2, 2007, Saket and his co-conspirators entered the Munots' bungalow, tied up the night guard, and murdered the couple. Ramesh Munot was stabbed multiple times, while his wife, Chitra, was tied to a chair, and her throat was slit. The group stole jewellery, foreign currency, and other valuables worth Rs. 9 lakhs before attempting to flee the city. The trial court had sentenced all six accused to life imprisonment in 2013 for offenses under various sections of the IPC, including murder, dacoity, and conspiracy. Bombay HC later enhanced Saket's punishment to a death sentence, citing betrayal of trust as an aggravating factor.
Issue: Whether Dacoity And Murder Come Under the Category of “Rarest of Rare”?
Observation: The Supreme Court set aside the death sentence of a watchman convicted for the dacoity and murder of his employers to life imprisonment. The Supreme Court, however, disagreed with the High Court's decision. While the Supreme Court upheld the conviction, it set aside the
death penalty and restored the trial court's sentence of life imprisonment. The Court noted that the High Court had not recorded a finding that the trial court's observation that the case did not fall under the category of the “rarest of rare” cases was perverse. The Supreme Court further noted that the role played by Saket was similar to the other accused involved in the crime. Therefore, he could not have been singled out for a separate, harsher punishment.
