IMPORTANT POINT
Where the accused committed quadruple murder in a most cruel manner on a hopeless child or women while victims were asleep and from observation of competent experts of mental illnesses revealed that he was in no way deprived of his senses even temporarily at the time of commission of offence, the murder having been committed after previous planning with extreme brutality, death sentence awarded by trial Court as confirmed by the High Court was upheld.

Headnote:(i) Indian Penal Code, 1860-Section 302-Murder-Conviction on basis of circumstantial evidence-Quadruple murder-Accused alone with victim present in house at relevant time-Doors and windows closed and front door under lock to give impression inmates gone somewhere-False information to PW 5 that victims were sleeping-Attack on PW 5 and PW 1-Recovery of spade used for commission of crime at instance of accused-Confessional statement-Concurrent conclusion of lower Courts-Incriminating circumstances lead only to hypothesis of guilt and reasonably exclude every possibility of innocence of accused-Conviction upheld. (Paras 2 and 5)
       (ii) Death Sentence-Quadruple murder-Murder while victims were asleep-Victims included female baby of 2½ years of age and two helpless woman-Trial Court awarding death sentence-High Court confirming sentence-Supreme Court ordering for study of his mental state by observation in mental hospital-Reports revealing appellant was in no way deprived of his senses even temporarily at time of commission of offence-Murder committed after previous planning which involved extreme brutality-Appellant being at the time of occurrence cannot be considered as a mitigating circumstances-Death sentence upheld.
       Held : It is true that in a civilised society a tooth for tooth, and a nail for nail or death for death is not the rule but it is equally true that when a man becomes a beast and menance to the society, he can be deprived of his life according to the procedure established by law, as Constitution itself has recognised the death sentence as a permissible punishment for which sufficient Constitutional provision for an appeal, reprieve and the like have been provided under the law. It is true that life sentence is the rule and death sentence is an exception. We are satisfied that the present case is an exceptional case which warrants the awarding of maximum penalty under the law to the accused/appellant. The crime committed by the appellant is not only shocking but it has also jeopardised the society. The awarding of lesser sentence only on the ground of the appellant being a youth at the time of occurrence cannot be considered as a mitigating circumstance in view of our findings that the murders committed by him were most cruel, heinous and dastardly. We have no doubt that the present case is the rarest of the rare requiring the maximum penalty, imposable under law. (Para 12)

JUDGMENT

Sethi, J.-The appellant was charged under Sections 302 and 326 IPC for having caused the death of four persons of a family, namely, Mr. Babani Charan Das, Assistant Engineer, PWD, Morigaon Division, aged 37 years, his wife Smt. Minati Das, aged about 30 years, their daughter aged 2½ years and Ms. Smriti Rekha Das, sister of Babani Charan Das aged about 22 years. He was also charged to have caused injuries with the sharp edged weapon to Smt. Jayanti Das, the mother of the deceased No. 1 and Shri Rajen Hazarika, neighbourer of the deceased. On proof of charges, the trial Court convicted the appellant of the offences punishable under Sections 302, 326, 325 and 323 IPC. As he was sentenced to death under Section 302 IPC, the trial Court did not feel the necessity of awarding separate punishments for offences under Sections 326, 325 and 323 IPC. The trial Court submitted the entire proceedings to the High Court for confirmation of the sentence. The appellant also filed an appeal against the order of conviction and sentence passed by the trial Court. Both the Criminal Death Reference No. 1 of 1998 and Criminal Appeal No. 109 of 1998 were disposed of by the judgment impugned in this appeal by confirming the conviction and sentence awarded by the trial Court. Not satisfied with the impugned judgment, the appellant has preferred the present appeal in this Court.

2. We have heard the learned amicus curaie appearing for the appellant and the learned counsel for the respondent. We have also perused the record and minutely examined the evidence led in the case. The report recording mental state examination of the appellant has also been examined by us.

3. Learned amicus curaie has submitted that as there was no direct evidence available in the case it would not be safe to convict and sentence the appellant for the offence of murder as has been done by the courts below. We are not satisfied with this submission. It is generally believed and accepted that the witnesses may lie but the circumstances cannot. The trial Court has enumerated the circumstances appearing against the accused as under :

"(1) On the fateful day, inmates of the house present were Bhabani Charan Das, his wife Minati Das, his only daughter Darathi Das and his sister Smriti Rekha Das and the accused Ramdeo Chauhan alias Rajnath Chauhan. Another inmate of the house, mother of Bhabani Charan Das was absent on that day.

(2) All the four members of the ill-fated family were found dead and their dead bodies were lying in three different rooms in pool of blood and all the doors and windows of the house were closed and the front door was under lock to give an impression that inmates of the house had gone somewhere.

(3) At that time, only alive person present in the house was the accused and no prudent person would believe that he had no knowledge that all the inmates of the house were lying dead inside the rooms.

(4) Intentionally he gave false information to PW 5 that all four inmates of the house were sleeping in their rooms.

(5) When PW 5 entered into the room and shouted sleeping the ugly scene, she was attacked by the accused Ramdeo Chauhan alias Rajnath Chauhan.

(6) Perhaps, if the handle of the spade would not have been broken during tussle there was every possibility of killing PW 5 by the accused with the spade.

(7) He also attacked Rajen Hazarika (PW 1) when he went to save the old lady from his (accused) attack.

(8) Conduct of the accused in attacking and assaulting PW 5 and PW 1 is another actor indicating his involvement in the ghastly crime.

(9) The accused also led the police to recover the spade used in commission of the crime which was seized and exhibited in the court.

(10) Lastly, the confessed his guilt."

4. The trial Court has rightly concluded that the prosecution had fully established the existence of a

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2000 Supreme(SC) 1217

Cases Referred (4)