NDLI: Bhagchandra Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	property dispute socio-economic background
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s.302 r/w. s.201 and 506-B – Prosecution case that appellant committed murder of his two brothers and a nephew – There was a property dispute of appellant with his both brothers – On the day of incident, PW-1-complainant had gone to attend the call of nature – While returning, she saw the appellant armed with an axe getting out of her house – When she went inside her house she saw her brother-in-law lying dead in outer room – His neck was cut – When she came in the courtyard, she saw her son dead, having injuries on his neck and head – She followed the appellant towards the field – She saw the appellant assaulting her husband with the axe – When she tried to stop the accused from assaulting the deceased, the accused abused her and told her to go away and threatened her – Her husband also died – Her other two children (PW-2 and PW-3) in house, who saw the incident escaped from the house – The trial Court convicted appellant for offences u/s.302 r/w. s.201 and s.506B IPC and awarded him death sentence – His death sentence was confirmed by the High Court – On appeal, held: It is clear from the evidence of PW-1, that she had personally witnessed the appellant assaulting deceased-husband – It is further clear from the evidence of PW-2 and PW-3 that they have personally witnessed the appellant assaulting their brother and uncle – The evidence of these three witnesses is duly corroborated by the other witnesses – PWs 4, 5 and 6 corroborated the testimony of PW-1 – PW-6 corroborated testimony of PW-2 and 3 – Upon perusal of the evidence of the witnesses as a whole, the evidence is cogent, reliable and trustworthy – As far as capital punishment is concerned, the trial court as well as the High Court has only taken into consideration the crime but have not taken into consideration the criminal, his state of mind, his socio-economic background etc – The appellant comes from a rural and economically poorbackground – There are no criminal antecedents – The appellant cannot be said to be a hardened criminal – This is the first offence committed by the appellant – The certificate issued by the Jail Superintendent shows that the conduct of the appellant during incarceration was satisfactory – It cannot be said that there is no possibility of the appellant being reformed and rehabilitated – Therefore, the death sentence awarded to the appellant is converted to life imprisonment for a period of 30 years.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2021 INSC 851
Petitioner	Bhagchandra
Respondent	State Of Madhya Pradesh
SCR	[2021] 9 S.C.R. 765
Judgement Date	2021-12-09
Case Number	255-256

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