1. Conviction under Sections 302 and 307 IPC for murder of wife and children and attempt to murder other children — Appeal against death sentence. (Para 2 , 8 )
Back
Next 
1996 Supreme(SC) 497
1996(2) SUPREME 493
SUPREME COURT OF INDIA
A.S. Anand and K. Venkataswami, JJ.
Umashankar Panda -Appellant
versus
State of Madhya Pradesh -Respondent
Criminal Appeal No. 771 of 1995
Decided on 28-2-1996
Counsel for the parties :
For the Appellant : Mr. Vimal Dave.
IMPORTANT POINT
This case falls under the category of "rarerest of the rare cases" and Death penalty awarded by courts below needs no interference.
Headnote:Indian Penal Code, 1860-Sections 302 and 307-Appellant causing murder of his wife and two children and caused grievous injuries to rest of 3 children in the course of his attempt to kill them also-Guilt established -Death sentence awarded-Appeal to Supreme Court-Question of capital punishment-Manner of committing the murder found pre meditated-Weapon used-Sword-64 injuries caused to six helpless persons-No provocation-No mental derangement-Since accused pleaded "alibi"-Whether death sentence was rightly awarded ? (Yes)-Appeal dismissed.
Held : Both the Sessions Judge and the High Court have given special reasons for awarding death sentence and we are also of the opinion that the crime indulged by the accused is undoubtedly gruesome, cold blooded, heinous, atrocious and cruel. We are also satisfied that on the facts established on the record, there appears to be no mitigating circumstances whatsoever, but only aggravating circumstances which justify the imposition of death sentence. If we look into the manner in which the crime was committed, the weapon used, the brutality of the crime, number of persons murdered, the helplessness of the victims, we cannot come to any other conclusion except the one, the Sessions Judge and the High Court arrived at to award the capital sentence to the appellant. (Para 20)
Legal Category Hierarchy
Table of Contents
2. Appellant claims lack of premeditation and sudden provocation — Respondent asserts the gruesome nature of the crime against helpless dependents justifies the death penalty. (Para 10 , 11 )
3. The crime was pre-meditated and executed with extreme brutality, involving numerous injuries to helpless family members, with no mitigating circumstances present. (Para 19 , 20 , 21 )
4. Death penalty is appropriate in rarest of rare cases where extreme brutality and the helplessness of victims outweigh any mitigating circumstances. (Para 13 , 14 , 15 , 16 , 21 )
5. Appeal dismissed and death sentence confirmed. (Para 21 )
6. What is the rarest of rare doctrine for awarding the death penalty?
The death sentence is an exception to the general rule and should be awarded only in the rarest of rare cases for special reasons, after balancing aggravating and mitigating circumstances, considering the nature of the crime, the brutality of execution, and the weapons used. (Para 13 , 15 )
7. How should courts evaluate aggravating and mitigating circumstances during sentencing?
Courts must exhibit sensitiveness and balance the manner of the crime, weapons used, and brutality against any mitigating factors. The sentencing process should reflect the social conscience of society and aim to protect society and deter criminals. (Para 13 , 14 , 15 )
8. Does the cold-blooded murder of one's own children by a parent qualify as a rarest of rare case?
Yes, the cold-blooded and cruel murder of innocent children by their own father, especially when eliminating almost all members of the family in a callous and ghastly fashion, can be categorized as the rarest of rare cases. (Para 16 , 21 )
JUDGMENT
K. Venkataswami, J.-The appellant who is in Central Jail. Indore has sent through Superintendent a petition to set aside the impugned judgment of the Madhya Pradesh High Court, Bench at Indore confirming the death sentence imposed by the First Additional Sessions Judge, Ujjain. The said Petition was taken on file as Special Leave Petition and this Court after granting leave called for the records from the trial court. The High Court was also requested to transmit to this Court the copies each of the judgment of the High Court as well as the trial Court.
2. This appeal is directed against the Judgment of the Division Bench of the Madhya Pradesh High Court, Bench at Indore in Death Reference No. 2/95 and Criminal Appeal No. 173/95. The appellant accused was convicted under Section 302 I.P.C. for having committed murder of his wife Krishna Bai, daughter Jyoti aged 10 years, daughter Rekha aged 16 years and under Section 307 I.P.C. for attempt to commit murder of his daughter Komal aged 10 years, son Balakrishna aged 12 years and another son Sonu aged 7 years on the intervening night of 20th and 21st February, 1994 in Village Laxmipura, Police Station Kayatha District Ujjain. The prosecution case is as follows :
On the intervening night of 20th and 21st February, 1994, the accused committed murder of his wife and two daughters and they died on the spot. He further caused injuries to Komal (daughter) and two sons Balakrishna and Sonu with intent to commit murder. However, these three survived even after sustaining grievious injuries. P.W. 13, Satnam Singh, Station House Officer received an annonymous telephonic information that many persons have sustained injuries and some of them have died at the residence of the accused. On receiving such information, the Police Officer reached the spot and found Balakrishna, Sonu and Komal in seriously injured condition. Krishna Bai, Rekha and Jyoti were found to be dead by that time. The accused was not found inside the house. The said Police Officer sent all the injured to hospital for treatment and registered case No. 1/94, 2/94 and 3/94 regarding the death of the persons referred to above. He recovered blood stained sword on the spot. Mat, clothes, lock and chappal were also found with blood stains and they were also seized. Stained and unstained earth were also collected from the spot. Site map was prepared. An inquest was held and various injuries were noticed on the bodies of the different persons. The accused was arrested on the same day and Panchnama was prepared and on questioning, the accused gave information about sword which he had kept in the wheat field delonging to Redheshyam. The clothes of the accused, Kurta and Pajama with blood stains were also recovered from a trunk. During investigation, it was found that the accused made extra judicial confession of having committed murder of his wife and children before Prahlad (P.W.6) and Rora (P.W.7).
2. The autopsy on the body of Rekha aged about 16 years was conducted by Dr. Arvind Dashottar (P.W.3) on 21.2.1994 and the following injuries were found on the body of the deceased Rekha :
1. A big incised wound extending in four directions from left pinna as following :
(a) 4" x 2" over left tempero occipital region O cut piece of occipital bone measuring 1/4" x 1/4" present in the wound. Dura matter exposed.
(b) 4" x 2" from angle of the left eye towards left pinna. Mandible bone exposed.
(c) Incised wound 2" x 1" from angle of left mandible upto left pinna.
(d) Incised wound 2" x 1" from back of neck towards (L) pinna.
2. Incised wound 3" x 1/2" below injury No.1 over occipital region.
3. Incised wound over skull (L) perietal region 3" x 1/2".
4. Incised wound over front parietal region 5 1/2" x 1". Parietal bone incised. 5 1/2" membrane cut at the middle with brain matter inci
