Back
2003(8) Supreme 699
SUPREME COURT OF INDIA
(From Jharkhand High Court)
Doraiswamy Raju & Arijit Pasayat, JJ.
Sushil Murmu -Appellant
versus
State of Jharkhand -Respondent
Criminal Appeal No. 947 of 2003
Decided on 12-12-2003
Counsel for the Parties :
For the Appellant : Anil Kumar Mittal, Advocate (A.C).
For the Respondent : A.T.M. Rangaramanujam, Sr. Advocate, Mrs. Alka Rani Jha and Anil Kumar Jha, Advocates.
Held : A bare look at the fact situation of this case shows that the appellant was not possessed of the basic humanness and he completely lacks the psyche or mind set which can be amenable for any reformation. He had at the time of occurrence a child of same age as the victim and yet he diabolically designed in a most dastardly and revolting manner to sacrifice a very hapless and helpless child of another for personal gain and to promote his fortunes by pretending to appease the deity. The brutality of the act is amplified by the grotesque and revolting manner in which the helpless child s head was severed. Even if the helpless and imploring face and voice of the innocent child did not arouse any trace of kindness in the heart of the accused, the non-challant way in which he carried the severed head in a gunny bag and threw it in the pond unerringly shows that the act was diabolic of most superlative degree in conception and cruel in execution. The tendency in the accused and for that matter in any one who entertains such revolting ideas cannot be placed on par with even an intention to kill some but really borders on a crime against humanity indicative of greatest depravity shocking the conscience of not only any right thinking person but of the Courts of law, as well. The socially abhorrent nature of the crime committed also ought not to be ignored in this case. If this act is not revolting or dastardly, it is beyond comprehension as to what other act can be so described is the question. (Para 22)
Criminal propensities of the accused are clearly spelt out from the fact that similar accusations involving human sacrifice existed at the time of trial. Though the result could not be brought on record, yet the fact that similar accusation was made against the accused-appellant for which he was facing trial cannot also be lost sight of. In view of the above position we do not think this to be a fit case where any interference is called for, looking to the background facts highlighted above. This in our view is an illustrative and most exemplary case to be treated as the rarest of rare cases in which death sentence is and should be the rule, with no exception whatsoever. Appeal fails and is dismissed. (Para 23)
JUDGMENT
Arijit Pasayat, J.-The little drops of humanness which conjointly make humanity a cherished desire of mankind had seemingly dried up, when a young child of 9 years was sacrificed before Goddess Kali by the appellant for his own prosperity is what the prosecution alleges.
"Little drops of
Water, little grains of sand,"
Make the mighty ocean
And the pleasant land,
Little deeds of kindness, little
Words of love,
Help to make earth happy
Like the heaven above."
Said Julia A.f. Cabney in "Little Things".
2. The still, sad music of humanity had become silent when it was forsaken by the accused-appellant is what has been found by the Courts below.
3. 11th December, 1996 turned out to be a heart-breaking day for Somlal Besra (PW-2). In the evening of that day he found his son Chirku Besra (hereinafter referred to as the deceased ) missing from house. He searched for him making inquiries from various persons. Information surfaced that he was sacrificed before Goddess Kali by the appellant. Two other persons, his wife and mother were also said to be parties to the gruesome killing. The prosecution case centered round extra judicial confession made by accused before large number of persons, recovery of dead body at the behest of the accused-appellant and evidence of a witness who saw the accused carrying a bag on a bicycle which was thrown to a pond after throwing the bag to the pond the accused returning by bicycle. The severed head was recovered from the bag thrown to the pond. Information was given to police, investigation was undertaken. All the three accused persons were tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short the IPC ). The appellant was found guilty for both the accusations and was sentenced to death for the former and 7 years rigorous imprisonment for the latter. Benefit of doubt was, however, given to the co-accused and they were acquitted. Reference was made by the trial Judge i.e. the First Additional Sessions Judge, Jamtara for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, 1973 (in short the Code ) by the Jharkhan High Court which by the impugned judgment upheld both the convictions and sentence. It was held that the murder was gruesome and death sentence was most appropriate sentence. Against the said judgment the present appeal has been filed. While granting leave, by order dated 4.8.2003 scope of appeal was limited to the question of sentence.
4. Mr. Anil Kumar Mittal, learned amicus curiae submitted that even according to prosecution killing was not done with any motive. Though superstition is not expected and encouraged in modern society, yet an illiterate and tribal born and brought up in an atmosphere surcharged with superstition should not be awarded death sentence. The modern trend, according to him, is reformation and when in the case at hand balance sheet of aggravating and mitigating circumstances is drawn up, the mitigating circumstances far outweigh the aggravating situation and, therefore, the death sentence should be altered to life sentence.
5. In response, learned counsel for the respondent-State submitted that a 9 years old child was sacrificed in the most brutal and diabolic manner. This is a case which falls within the "rarest of rare" category and, therefore, death sentence has been rightly awarded. It was pointed out that it is not the first instance when the accused is charged with commission of such offences. In fact, as records reveal, the appellant along with two of his relatives was facing trial at the relevant time for committing murder by sacrificing of his own brother before Goddess Kali.
6. Section 302 IPC prescribes death or life imprisonment as the penalty for murder. While doing so, the Code instructs the court as to its application. The changes which the Code has undergone in the last three decades clearly indicate that Parliament is taking note of contemporary criminological thought and movement
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
