NDLI: Yogendra @ Jogendra Singh Vs. The State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Death sentence. set aside ss.302 IPC 326(A) and 460 Murder Crime against women
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.302, 326(A) and 460 – Murder – Conviction and death sentence – High Court affirmed conviction and sentence – Prosecution case was that the appellant threw acid on the victim-deceased which resulted in her death – In the incident, grandmother, nephew and brother of the deceased also received acid burn injuries – Dying declaration was recorded by the Tehsildar – Deceased in her dying declaration stated that the appellant had burnt her by pouring acid on her and that he used to harass her and abuse her on phone –Trial court held appellant guilty for murder and disfiguring and injuring these people by throwing acid – High Court confirmed the conviction and sentence – On appeal, held: Appellant was rightly convicted for causing the death of deceased – All the circumstances of the case and particularly the dying declaration of victim unerringly pointed to the appellant as the one who caused her death beyond any reasonable doubt – The Dying Declaration of the deceased can be given highest probative value and offered a strong foundation for the conviction of the appellant – Crime against women. Sentence/Sentencing – Death sentence – Appellant threw acid on the victim-deceased which resulted in her death – Whether there were special reasons to award death sentence to the appellant – Held: The term ‘special reasons’ undoubtedly means reasons that are one of a special kind and not general reasons – In the instant case, appellant committed this crime when he was out on bail in another case in which he was convicted for murder and his sentence was upheld – The earlier incident was totally unrelated to the circumstance of this case and took place almost ten years before this incident – This case was related to the appellant being disappointed in his relation with the deceased who he believed deserted him – The circumstance of the case and particularly the choice of acid did not disclose a cold-blooded plan to murder the deceased – It is possible that what was premeditated was an injury and not death – There was no particular depravity or brutality in the acts of the appellant that warranted a classification of this case as ‘rarest of the rare’ – Therefore, the sentence of death imposed by the High Court is set aside and instead the appellant is awarded life imprisonment – Penal Code, 1860 – ss.302, 326(A) and 460.
Judge	Honble Mr. Justice Sharad Arvind Bobde
Neutral Citation	2019 INSC 54
Petitioner	Yogendra @ Jogendra Singh
Respondent	The State Of Madhya Pradesh
SCR	[2019] 1 S.C.R. 248
Judgement Date	2019-01-17
Case Number	84

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