NEW DELHI: Brutality of offence can’t be the only real criterion to award dying punishment and mitigating circumstances, together with socio-economic background and psychological state of the convict, should even be thought of, Supreme Court docket has mentioned whereas commuting the dying sentence of two convicts in two completely different instances. It condemned them to spend the remainder of their lives in jail with out the potential of remission.Although trial courts and excessive courts in each instances had awarded dying, a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta commuted the sentences and granted them life sentences with the situation that they need to die in jail.In a single case, the convict from Ballari district in Karnataka had killed his spouse, three youngsters and sister-in-law in 2017 because of suspicion that he was not the organic father of the youngsters and so they have been born out of infidelity. Within the different case, a day by day wage earner had raped and strangulated a 10-year-old woman in 2018 in Dehradun.The court docket held that in each instances, trial court docket and HC determined the punishment on the idea of barbaric and ruthless method of committing the crime and mitigating circumstances weren’t thought of. “Courts beneath have solely commented on the brutality of crime in query, handy down the dying penalty to the appellant. No different circumstance got here to be mentioned by the courts in reaching the conclusion that the case types a part of the ‘rarest of uncommon’ class. Such an method in our view can’t be sustained,” it mentioned.