Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s. 302 - Murder - Three victims -'S', and his wife and minor son - Accused-appellant allegedlyassaulted the deceased persons with a knife after havinginvited them at his house for lunch - Motive-of appellant inbrutally assaulting 'S' with a knife allegedly stemmed from hisabhorrence for his wife's relationship with 'S' - Conviction ofappellant u/s.302 /PC - Justification - He.Id: Justified -Evidence of the two eye-witnesses, PW-5 and PW-7, foundcredible and trustworthy - Defense version that the incidentoccurred when 'S' attempted to rape the wife of appellant andon her resistance threatened to assault her with the knife,apparently unnatural and improbable - Plea of right to privatedefence and non-orchestrated nature of the offence vitiatedby evidence of PW-9 - Prosecution case well supported andestablished by the evidence of PWs 5, 7, 9 and 18 coupledwith the evidence of doctors, the post-mortem report andmedical evidence - No room for any doubt as to the guilt ofthe appellant.Sentence I Sentencing - Murder case - Three victims -Conviction of accused-appellant uls. 302 IPC - Deathsentence awarded to appellant - Challenge to - Held:Awarding of life sentence is the rule, death is an exception -Application of "the rarest of the rare case" principle isdependent upon and differs from case to case - Reasonableproportion has to be maintained between brutality of the crime and the punishment - In the case at hand, the factum of thecrime being pre-ordained and the motive of the appellant inbrutally assaulting the deceased-'$' with a knife after havinginvited him at his house for lunch stemmed from his suspicionon his wife's fidelity and his abhorrence for her relationshipwith the deceased- 'S' - However, the same motive to murderthe wife of 'S' and their only child does not find favor with thefacts of the case - The other two murders seem to havetranslated due to the sudden realization of appellant and hisextreme fear of being caught for the murder of 'S' and a/so,to save himself from being shunned by the society - Further,appellant is a young man of about 35 years and not havingany criminal antecedents - Future possibilities of his reforma/so not ruled out - In the contextual facts, the brutality asevinced by the appellant would not fall within the ambit of the"rarest of the rare" cases so as to exercise the discretion ofimposing capital punishment - Therefore, conviction ofappellant uls. 302 affirmed, however, the sentence of deathimposed on him commuted to imprisonment for life. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2013 INSC 660 |
Petitioner | Gudda @ Dwarikendra |
Respondent | State Of Madhya Pradesh |
SCR | [2013] 11 S.C.R. 293 |
Judgement Date | 2013-09-30 |
Case Number | 1566-1567 |
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