Indian Penal Code, 1860
Section 302—Murder of four persons—Conviction—Case based on circumstantial evidence—Appeal—Act committed by accused was pre-planned/premeditated—Accused brutally murdered four persons who were unarmed and were defenseless, one of whom was a child and the other an aged lady—By the act of accused, three generations of single family have lost their lives for no fault of their—Nature of injuries on three persons highlights the brutality and cold-bloodeness of the act—Circumstances are consistent with sole hypothesis that accused and accused alone is the perpetrator of these murders which were most foul—No reason found to interfere with concurrent conviction recorded by the trial court and the High Court—Appeal dismissed.
[Paras 12 to 15]
Section 302—Murder—Sentence—Apex Court outlines relevant factors to modify the sentence of murder convict.
[Paras 57 & 58]
Section 302—Murder of four persons—Question of sentence—High Court modified the death sentence and reduced the imprisonment for life with a further direction that accused shall not be released from prison for a period of 30 years including period already undergone with set off under Section 428 of CrPC alone—Appeal—Accused was 28 years old when he committed the act—Act committed by accused was not for any gain or profit—Accused did not try to flee and in fact tried to commit suicide as he was overcome with emotions after the dastardly act he committed—Accused has been in jail for a period of 18 years and 4 months and case is based on circumstantial evidence—Report from jail authorities clearly indicates that no disciplinary actions were initiated against appellant in the prison and conduct and behavior of appellant in prison has been satisfactory so far—Considering aggravating and mitigating circumstances the Apex Court modified the sentence under Section 302 imposed by the High Court from a period of 30 years imprisonment without remission to that of a period of 25 years imprisonment without remission including the period already undergone.
[Paras 59 & 60]