Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Robbery of jewellery life imprisonment Sentence / Sentencing Rape of PW1 Attempt to murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302, 307, 342, 376, 394, 397 and 449 - Rape of PW1 and murder of her brother, 'M' - Attempt to murder PW1 and her relative PW2 - Robbery of jewellery - Conviction of appellant- Propriety- Held: Proper, as it was based upon cogent and reliable evidence - Appellant was greatly attracted to PW1 and came to her house driven by lust - He committed the murder of 'M' on the spur of the moment, since the latter saw him committing rape and further tried to make a phone call to someone outside - Similarly, appellant attacked PW2, who had seen him attacking 'M' and then attacked PW1 with a view to intimidateSentence / Sentencing - Conviction of appellant for murder, attempt to murder and rape - Victims were minor children - Imposition of death penalty - Propriety - Held: Conduct of appellant was barbaric and inhumane - However, his main motive was not to commit murder but to satisfy his lust - Element of recklessness in appellant's actions not sufficient to attract the extreme penalty of death - Keeping in view the mitigating factors including appellant's conduct after commission of the crime, his case does not fall into the category of rarest of the rare - Appellant convicted for the remainder of his life for the offence of murder - Code of Criminal Procedure, 1973 - s.354(3) - Penology. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2014 INSC 1019 |
Petitioner | B. Kumar@ Jayakumar@ Left. Kr.@ S. Kumar |
Respondent | Insp. Of Police Th. C.b.c.l.d. |
SCR | [2014] 11 S.C.R. 573 |
Judgement Date | 2014-10-27 |
Case Number | 980-981 |
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