IMPORTANT POINT
Though conviction under Sections 302, 392 and 397 IPC is confirmed but death sentence is modified to life sentence with further direction that appellant shall not be released unless he has served at least 20 years of imprisonment as crime is barbarous but not one of the rarest of the rare cases.

Headnote:(i) Indian Penal Code, 1860-Sections 302, 392 and 397-Offences of murder and robbery-Evidence Act, 1872-Sections 27 and 114(a)-Appellant convicted for murder of five persons of a family and for robbery-Upheld by High Court-Appeal against to Supreme Court-Conviction based on circumstantial evidence of last seen, recoveries soon after crime-No explanation of innocence-Whether conviction be upheld? (Yes)-Case law discussed.
       Held : Having regard to the various facts, we do not find any reason to suspect the guilt of the accused as it is proved that the appellant was seen with one of the deceased Jora Ram in the evening of 14th November, 1993 and the appellant had an acquaintance with the family members of the deceased as he had already worked as an apprentice in the shop of PW-17 to learn the trade of goldsmithy. PW-17 deposed that the appellant was sent away from the shop as he had committed some minor gold thefts. It is also relevant to note that the appellant had some injuries at the time of his arrest. These injuries are of minor nature, but even then the appellant could not give any satisfactory explanation with regard thereto. The recovery of various articles at the instance of the appellant, that too immediately after the incident, goes a long way in proving the guilt of the appellant. The possession of the fruits of the crime recently after it has been committed, affords a strong and reasonable ground for the presumption that the party in whose possession they are found was the real offender, unless he can account for such possession in some way consistent with his innocence. It is founded on the obvious principle that if such possession had been lawfully acquired, that party would be able to give an account of the manner in which it was obtained. His unwillingness or inability to afford any reasonable explanation is regarded as amounting to strong, self inculpatory evidence. If the party gives a reasonable explanation as to how he obtained it, the courts will be justified in not drawing the presumption of guilt. The force of this rule of presumption depends upon the recency of the possession as related to the crime and that if the interval of time be considerable, the presumption is weakened and more especially if the goods are of such kind as in the ordinary course of such things frequently change hands. It is not possible to fix any precise period. (Paras 9, 10 and 11)
       In the instant case, the appellant could not give an explanation as to how he came into possession of various gold ornaments and other articles belonging to Shiv Pratap and the members of his family. The appellant also could not give any reasonable explanation how he sustained injuries on his body and how his shirt became blood-stained. In the facts and circumstances, it is a fit case where the presumption under Illustration (a) to Section 114 of the Evidence Act could be drawn that the appellant committed the murders and the robbery. The courts below have rightly held the appellant guilty of the offences charged against him. (Para 13)
       (ii) Indian Penal Code, 1860-Sections 302, 392 and 397-Murder of five persons of a family for robbery of gold ornaments by appellant aged about 20 years without mercy-Sentenced to death-Whether rarest of the rare cases? (No)-What would be the appropriate punishment?-Life imprisonment of 20 years under Section 57 IPC-Case law referred-Cr.P.C. Section 433(b) and 433-A reference.
       Held : Of course, the nature of the crime committed by the appellant was so horrendous and exceptionally cruel and sadistic. However, we are inclined to take a lenient view having regard to the various facts and circumstances of the case. (Para 15)
       The circumstantial evidence discussed above, even though held to be reliable for convicting the accused, we do not think it to be one of the rarest of rare cases warranting death sentence. (Para 17)
       Crimes, like the one before us, cannot be looked upon with equanimity because they tend to destroy one s faith in all that is good in life. A young man was given opportunity to learn gold-smithery. He was once sent away for alleged act of theft. Yet again, on the day of incident, he was permitted to accompany the deceased old man and as per the evidence, he accompanied the deceased in his house. The reward of that kindness is murder of old man and his wife alongwith three daughters including one whose marriage was fixed after two months. Hence, even though we reduce the death penalty, we think that punishment should be sufficient so as to have deterrent effect as well as no further chance to the accused for relapsing into the crime and becoming danger to the Society. Section 57 IPC provides that in calculating fractions of terms of punishment, imprisonment for life is to be reckoned as equivalent to the imprisonment for twenty years. In our view, considering the heinous barbaric offence committed by the accused, in no set of circumstances accused should be released before completion of 20 years of imprisonment. (Paras 19 and 20)
       Held finally : Therefore, in the interest of justice, we commute the death sentence imposed upon the appellant and direct that the appellant shall undergo the sentence of imprisonment for life. We further direct that the appellant shall not be released from the prison unless he had served out at least 20 years of imprisonment including the period already undergone by the appellant. As regards offences under Sections 392 & 397 IPC, we confirm the conviction of the appellant and no separate sentence is awarded. With the above directions and modification in the sentence, the appeal is disposed of. (Paras 24 and 25)

JUDGMENT

K.G. Balakrishnan, J.-The facts in this criminal appeal disclose acts of unparalleled evil and barbarity as five persons of a family were battered to death without mercy by a young culprit aged about 20 years.

2. PW-17 Shiv Pratap, his wife, three daughters and aged parents were residing in a house at Bidasar. The marriage of the eldest daughter of Shiv Pratap was fixed to be held on 20.2.1994. In order to purchase some articles for the marriage. Shiv Pratap and his wife Bhanwari had left for Jaipur on 14th December, 1993. They came back to Bidasar from Jaipur on 17th December, 1993 at about 9.30 PM. On reaching the house, they found the outer door of the house open and the inside room was found bolted from within. PW-17 knocked at the door in vain and after sometime he scaled over the wall and gained entry into the room. He found his parents lying dead with multiple injuries. PW-17 and his wife then went to the room of their daughters. That room was found locked from outside. PW-17 broke open the lock and found dead bodies of his three daughters. Various blood-stained articles were found strewn in the room. PW-17 used to peg the bag containing gold and silver jewellery of the shop. That bag was also found missing. Shocked at the incident, they made a hue and cry. The brother of PW-17 who was staying nearby came to the house. Some neighbours also came there in the meanwhile and saw the ghastly incident. By about 9.45 P.M., PW-17 gave the P-8 statement before the Station House Officer of Police Station Chhapar ( PW-23). PW-23 registered a case and immediately visited the place of occurrence. He recorded the statement of Bhanwari (PW-1); Murlidhar (PW-2) and also the further statement of Shiv Pratap (PW-17). On the next day, he took various photographs and conducted inquest of the dead bodies of all the five deceased persons. The various articles, including clothes found lying in the house, were recovered. Many of these articles were found blood-stained.

3. In his statement, PW-2, Murlidhar mentioned that on the evening of 14th December, 1993, he had seen the deceased Jora Ram, the father of Shiv Pratap, at about 6.00 PM going to his house after closing the shop and the appellant, Shri Bhagwan was also accompanying him. PW-2 further stated that Shri Bhagwan was known to him previously as he had worked in the shop of Shiv Pratap for about 8 to 10 months. He also stated that he saw the appellant and Jora Ram entering the house of Shiv Pratap. Based on this information, appellant Shri Bhagwan was arrested on the night of 18th December, 1993 and the investigation of the case was taken over by PW-24 . He too visited the place of occurrence and collected various articles from there. A broken iron Kunta , a wooden Pestle and an iron scissors were also recovered from the scene of occurrence and all these articles were stained with blood. The appellant was interrogated and based on his statement, an axe was recovered from the water tank located on the terrace of the house of Shiv Pratap. During the course of further investigation, the appellant gave a statement regarding the place of concealment of golden jewellery and other articles taken away from the house of Shiv Pratap. Appellant s brother-in-law (Bahnoi) Ramu Ram was a resident of Sardar Shahar. The appellant led the police party to the house of Ramu Ram and from his house a bag containing jewellery and other articles were seized under Ex. P-83. These articles included one gold finger-ring, gold ear tops and nose tops, white pearls, etc. All these articles were later identified by Shiv Pratap as gold ornaments belonging to his mother and daughters. From the house of Ramu Ram, a small tobacco box was recovered which contained 12 copper pieces and an envelope of Kumkum Patri addressed to Shiv Pratap, Bidasar, and the sender s name was one Manak Chand Soni (PW-10). Manak Chand was examined and he deposed that this invitation had been sent by him to S

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2001 Supreme(SC) 889

Cases Referred (10)