Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Section 302 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-Section 302-Pre-planned brutal murder without provocation-"Rarest of rare case"-Death sentence-Accused-appellant was already convicted to life imprisonment for murder of his first wife-While he was out on parole, suspecting the fidelity of his second wife, he murdered her as also his minor daughter of 1.5 years, when they were asleep, by assaulting them with a hunting knife-Imposition of death sentence by Courts below after convicting appellant under Section 302-Justification of-Held: Justified Code of Criminal Procedure, 1973-Sections 235(2) r/w 354(3) and 427 (2). According to prosecution the appellant murdered his second wife and minor daughter of 1.5 years when he was out on parole while serving life imprisonment for murdering his first wife. He committed the offence by assaulting the victims with a jambia- a hunting knife while they were asleep at night. Sessions Court convicted the appellant under Section 302 IPC and sentenced him to death holding that the case belonged to the category of "rarest of rare case" and there were no mitigating circumstances. High Court, in appeal, upheld the conviction and the death penalty. It enumerated the following circumstances as indicative of the present case being a "rarest of rare case" where imposition of death penalty is justified, namely, that the accused-appellant was already convicted to life imprisonment for murder of his first wife and he committed the present murders while he was out on parole; that the murder was the result of pre-planning on his part is evident from the fact that the murder weapon is a jambia, a hunting knife used for attack, not ordinarily available in a house; that even if the appellant had some reason to suspect the fidelity of his wife, which motivated him to murder her, there could have been absolutely no reason for killing the defenceless child of Biz years of age; that the murders were committed when the victims were helpless and asleep and that no extenuating circumstances in favour of the appellant were either pleaded or proved. Hence the appeal. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 222 |
Petitioner | Saibanna |
Respondent | State Of Karnataka |
SCR | [2005] 3 S.C.R. 760 |
Judgement Date | 2005-04-21 |
Case Number | 656 |
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