Penal Code (Act 45 of 1860), Section 302-Sentence--Imposition of death sentence "Rarest of rare cases formula"--Guidelines to be adopted in identification of rarest of rare cases, explained-Evidence Act (Act 1 of 1872) Section 9-Witnesses indentifying culprits in the light shed by lantern-Appreciation of- Dying declaration, non-recording of Evidentiary value-Doctrine of benefit of doubt, when to be invoked.

A feud between two families has resulted in tragic consequences. Seventeen lives were lost in the course of a series of five incidents which occurred in quick succession in five different villages, situated in the vicinity of each other, in Punjab, on the night between August 12 and August 13, 1977. The seventeen persons who lost their lives and the three who substained injuries included men, women and children related to one Amar Singh and his sister Piaro Bai.

In this connection one Machhi Singh and his eleven companions, close relatives and associates were prosecuted in five sessions cases, each pertaining to the concerned village in which the killings took place. Machhi Singh was the common accused at each trial. The composition of his co-accused differed number-wise and identity-wise from trial to trial At the conclusion of the series of trials, the accused found guilty were convicted under appropriate provisions. Four of them were awarded death sentence, whereas sentence of imprisonment for life was imposed on nine of them. They were also convicted for different offences and appropriate punishment was inflicted on each of them in that behalf. The order of conviction and sentence gave rise to five murder references and fourteen appeals by the convicts before the High Court of Punjab and Haryana. Having lost their appeals and the death sentences having been con- firmed, the appellants have come in appeal by way of special leave.

The Court considered the following:

(a) What normal guidelines are to be followed so as to identify the "rarest of rare cases" formula for imposing death sentence, as spelled out in Bachan Singh v. State of Punjab, [1980] 2 SCR 864; (b) Reliability of eye witnesses to a crime under light shed by the lantern in a village to identify connect an accused to the crime; (c) invocation of the doctrine of benefit of doubt;