DEATH PENALTY , CONSTITUTIONAL VALIDITY OF DEATH PANALTY / PUNISHMENT

Death penalty Unconstitutional or valid ?
Imprisonment is the rule , Death penalty is an exception [ rarest of rarest]

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फलसफा समझो न असरारे सियासत समझो,
जिन्दगी सिर्फ हकीक़त है हकीक़त समझो,
जाने किस दिन हो हवायें भी नीलाम यहाँ,
आज तो साँस भी लेते हो ग़नीमत समझो।
IN India under article 21 of constitution , right to life consider as the source of fundamental rights which envisages unenumerated fundamental rights to accused persons also. Criminal justice system in India protects the rights of an under trial prisoners to an convicted person from the time of arrest to final judgement till the end of punishment . if we arrive at the conclusion according to various landmarks judgement stating about the rights of accused person and provisions of criminal procedure code . we can conclude that death penalty to accused person is violation of criminal justice system.
Since independence first death penalty was given to nathuram godse and narayan apte in Gandhi assassaination case and to last nirbhaya 4 accussed.

In Mithu singh vs state of Punjab
In this case death penalty was struck down and held unconstitutional which penalize the death penalty to the convicted person for life imprisonment who cause death under section 303 indian penal code . this is the first instance when death penalty was consider as unconstitutional.

In bacchan singh case
Supreme court held that there shall be imprisonment for life for life convicted person and death penalty to those who hit the gravest form of offence

In kehar singh vs delhi administration .supreme court.1988
This case is known as the Indira Gandhi case. In this case death penalty was given to her bodyguards who caused her death in the gravest form by heavy mass assaulted weapon. Death penalty was given to bodyguards.

In Rajiv Gandhi case
In this case hon’ble rajiv Gandhi death was caused by the liberation of tamil tiger elam terrorist ,which was committed by numbers of member by criminal conspiracy . death was caused by life bomb . Death penalty was given to 27 person. This time once again supreme court reiterated that death penalty should be only for the person who commits gravest form of offence.

In maacchi singh vs state of punjab
Supreme court formulates the the doctrine of rarest of rare .Supreme court envisages the criteria for committing any offence punishable with death penalty.
1. Manner of the commission of murder
2. Motive for commission of murder
3. Personality of the victim of murder

In nirbhaya case
The 4 accused was punished by death penalty just because they commit the rarest of the rare case which envisage in macchi singh case and indira Gandhi case. Their act of the commission of rape offence was hitting the utmost gravest form in Indian history or any else.
This case would become landmark judgement in the terms here defense counsel introduces and tries his best to turn their punishment in life imprisonment by performing various legal techniques in the form of petitions like curative petition in high court , supreme court, before honourable president and delhi lieughtenant governor. Before him there was in no case where such techniques was used.