DILIP SHARMA vs THE STATE OF MADHYA PRADESH - 2024-02-01

O R D E R

Criminal Appeal No(s). 765-766/2016 1. These proceedings arise from the judgment dated 28th October, 2015 of the High Court of Madhya Pradesh, Bench at Indore in Criminal reference No. 03 of 2013 and Criminal Appeal No. 1323 of 2013. The High Court, vide impugned judgment, upheld the conviction and confirmed the sentence of death awarded by the Trial Court.

2. The execution of the sentence of death shall remain suspended pending the hearing and final disposal of the present appeal.

3. The original record of the case shall be summoned from the Courts below. A copy of the translated records shall be supplied to the counsel for the parties.

4. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:

i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.

ii. The Superintendent of Prison, Central Jail, Indore, Madhya Pradesh, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks.

iii. The Head of M.G.M. Medical College, Indore, Madhya Pradesh shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Madhya Pradesh within a period of eight (8) weeks.

iv. Ms. Komal is permitted to have access to the Appellant who is presently lodged in Central Jail, Indore to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the Appellant through the Appellant’s Advocate-on-Record within twelve weeks.

v. The Central Jail, Indore, Madhya Pradesh shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.

vi. A person nominated by Ms. Komal be permitted to accompany her to translate during the interview.

vii. Ms. Komal is granted permission to obtain documents pertaining to the Appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose of sentencing information.

5. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Madhya Pradesh, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.

6. All the reports shall be duly compiled and placed before this Court on the next date of hearing.

7. Learned counsel for the parties to assist the Registry in pagination of the record.

8. List these matters after 12 weeks.

Crl.A. Nos. 633-634/2016 1. These proceedings arise from the judgment dated 28th October, 2015 of the High Court of Madhya Pradesh, Bench at Indore in Criminal reference No. 03 of 2013 and Criminal Appeal No. 1323 of 2013. The High Court, vide impugned judgment, upheld the conviction and confirmed the sentence of death awarded by the Trial Court.

2. The execution of the sentence of death shall remain suspended pending the hearing and final disposal of the present appeal.

3. The original record of the case shall be summoned from the Courts below. A copy of the translated records shall be supplied to the counsel for the parties.

4. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:

i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks.

ii. The Superintendent of Prison, Central Jail, Indore, Madhya Pradesh, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks.

iii. The Head of M.G.M. Medical College, Indore, Madhya Pradesh shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Madhya Pradesh within a period of eight (8) weeks.

iv. Ms. C.P. Shruti is permitted to have access to the Appellant who is presently lodged in Central Jail, Indore to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the Appellant through the Appellant’s Advocate-on-Record within twelve weeks.

v. The Central Jail, Indore, Madhya Pradesh shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews.

vi. A person nominated by Ms. C.P. Shruti be permitted to accompany her to translate during the interview.

vii. Ms. C.P. Shruti is granted permission to obtain documents pertaining to the Appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose of sentencing information.

5. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Madhya Pradesh, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.

6. All the reports shall be duly compiled and placed before this Court on the next date of hearing.

7. Learned counsel for the parties to assist the Registry in pagination of the record.

8. List these matters after 12 weeks.

SLP(Crl) Nos. 260-261/2016 List these matters along with Crl. Appeal Nos. 765-766 of 2016 and connected matters.

(DEEPAK SINGH) (ANJU KAPOOR)

COURT MASTER (SH) COURT MASTER (NSH)