Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Death Sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 : Sections 302/34 - Murder - Punishment - Death Sentence - Rarest of rare cases - Individual role played by the accused persons - Considerations of - Murder of 5 members of a family of a witness whose evidence was responsible for the conviction of accused D in a prior rape case - Accused D had threatened during the trial of rape case that witness deposing against him would have to face dire consequences - Accused D killing all the five persons of the family by means of a kulhari - Nature of injuries indicated that the act of accused D was an act of depraved mind and was most brutal and heinous in nature - Held, the act of accused D fell within the ambit of rarest of rare cases and hence deserved extreme penalty of death - However the act of accused N, brother of accused D, was limited to only 3 blows by means of a burchi on one of the victims only after D had given 3 or 4 blows, could not fall within the ambit of rarest of rare cases attracting death penalty - Hence his sentence commuted to life imprisonment. Criminal Trial : Appreciation of evidence - Trial for murder of 5 members of a family of a witness, PW 8, whose evidence was responsible for the conviction of one of the accused in a rape case - Evidence given by PW 8 in the rape case was the motive for the crime - Subsequently, PW 8 got married and on the fateful night she was staying at the rooftop with her husband PW 9 - PWs 8 and 9 gave a vivid account of the entire incident which they had seen from the rooftop - Evidence of the photographer that the police was at the spot at 8.00 a.m. while FIR recorded at 10.00 a.m. - insertion of name of PW 9 in inquest report in a different ink - Evidence of witnesses cannot be discarded on such account particularly when the IO was not cross examined on this score - Fact that PW 8 who was responsible for the conviction of one of the accused was by coincidence and not knowingly by the accused persons - Infirmity between medical evidence and oral evidence as to absence of 4 injuries on the body of the deceased not fatal to prosecution case particularly when witnesses had seen the incident from the rooftop - Held, presence of eyewitnesses, PWs 8 and 9 cannot be doubted nor their evidence has been impeached in any manner - Under such circumstances, conviction of the appellants unassailable. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 115 |
Petitioner | Nirmal Singh And Anr. |
Respondent | State Of Haryana |
SCR | [1999] 2 S.C.R. 1 |
Judgement Date | 1999-03-18 |
Case Number | 16 |
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