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1983 Supreme(SC) 134

D.A.DESAI, O.CHHINNAPPA REDDY
Javed Ahmed Abdul Hamid Pawala – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
M.N.SHROFF, U.R.Lalit, V.D.KHANNA, V.N.GANPULE

Judgment

CHINNAPPA REDDY, J.:- This appeal was admitted on the question of sentence only. Having considered the circumstances of the case and despite our reluctance to impose the sentence of death except in the rarest of rare cases, we are unable to perceive any ground for substituting the sentence of life imprisonment for death in the present case. The appellant has been convicted of multiple murders. He killed his sister-in-law Shahinbi, aged about 23 years, his little niece Sanayya, aged about 3 years, his baby-nephew Shahabaj, aged 1 1/2 years and a child-servant, Jaitun, aged about 7 or 8 year. The motive for the murder was gain. He wanted the ear-tops and the bangles worn by his sister-in-law. It appears he had earlier approached his brother Asmat (Shahinbis husband and father of Sanayya and Shahbaj) to give him a sum of Rs. 5,000/- in order that he may start some business. When his brother expressed his inability to give him any money as he had, none, he suggested that his sister-in-laws ornaments could be sold. Shahinbi was, however, not willing to part with her ornaments. On the night of occurrence, when his brother was away from the house for a few hours, the appellant kil


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