Introduction-There is belief by the protagonist of the death penalty, that certain needs of the society which cannot be achieved by other methods are met by the execution of the criminal. That is the solution to certain crimes is the killing of the perpetrator of such crimes. The final solution to a deviant. The under-standing philosophy is that whether the executions are carried out in public or shielded form behind the prison walls, death penalty is necessary, at least for the good of the society. Probably it is on the Benthamite, utilitarian or hedonistic, principle (felicific calculus) the promotion of the common will and the “the happiness of the greatest number.” This believe or argument has it major flaws.