1994 Supreme(SC) 440

SUPREME COURT OF INDIA
K. JAYACHANDRA REDDY AND Dr. A.S. ANAND, JJ.
Balraj, Appellant
Versus
State of U.P., Respondent.
Criminal Appeal No. 26 of 1994
Decided on 12-12-1994.

Headnote:(i) Indian Penal Code, 1860 - Sections 302 and 307 - Conviction under - Offence of committing the murders of four members of P.W. 2s family and for attempting to commit the murder of P.W. 2 - P.W. 2, wife of one of the deceased persons - Evidence of P.W. 2 supported by medical evidence proving attack on her minor children by the appellant - No evidence as to who assaulted her husband - Conviction u/s. 302 and 307 legally sustainable.

       Held: Having perused the evidence of P.W. 2, which is also supported by the medical evidence, we are satisfied that there cannot be any dispute as to the time and place of occurrence in respect of attack on P.W. 2 and Budh Jyoti and Renu No doubt there is no evidence to prove as to who assaulted Tej Pal and Bhante Baba but the inference is that they also must have received the injuries during the same transaction. The High Court, however, pointed out that there is no evidence to prove as to whom assaulted Tej Pal and Bhante Baba but concluded that the accused assaulted Budh Jyoti, Renu and P.W. 2. Having perused the evidence of P.W. 2, we are satisfied that the accused was at least responsible for causing the deaths of Budh Jyoti and Renu and also for causing the injuries to P.W. 2. No doubt the occurrence has taken place at about 7.30 P.M. in the darkness but P.W. 2 says that there was electric light and even otherwise the accused was known to her well. Therefore, there would not have been any difficulty for her to identify the accused. (para 6)

       (ii) Sentence. Indian Penal Code, 1860 Sections 302 and 307 - Convictions under Appellant committed four murders under the influence of extreme mental and emotional disturbance, having a reasonable apprehension that his life was in danger - Innocent kids also received injuries in the occurrence - Murders not cold blooded - Case of the accused not covered under the category of rarest of rare cases - Sentence of death reduced to imprisonment for life - Appellant to pay Rs.10000/- by way of compensation to P.W. 2. [Criminal Procedure Code, 1973 - Sec. 357(3)]

       Held: It is true, as observed the courts below, that the accused attacked the members of family of Tej Pal but in awarding death sentence, the court has to take into consideration the mental condition of the accused. From the findings of the courts below; it is clear that the accused was mentally disturbed and in fact he expressed before P.W. 2 that she wanted to kill him and, therefore, he would finish them. The records and the evidence of the Inspector as well as of P.W. 15, the Punch witness reveal that the accused stated that Tej Pal and P.W. 2 wanted to kill him and accordingly administered some poison, which made him, vomit the blood. From the beginning the case of the prosecution is that Tej Pal has been harassing the accused in respect of the opening of the shop and has been making undue demands and even raised a dispute regarding supply of electricity to the shop to be opened by Balraj, which fell to his share. Actually the prosecution examined the close relations of the accused and the deceased namely P.Ws. 5, 11, 14, 18 and 19 to prove the motive aspect namely that Tej Pal was harassing the accused who is no other than his brother and has been demanding an amount of Rs. 7,000/- in respect of permitting Balraj to open the shop and also raised a dispute regarding electricity. Coupled with this the accused was further mentally disturbed and had an apprehension that Tej Pal and P.W. 2 wanted to do away with him so that he may not be an obstacle. This is one of the important circumstances, which should be given weight in determination of sentence. On the facts and circumstances of this case it cannot be said that the accused would be a menace to the society if allowed to live. It is not a case where he committed these murders merely for personal gain but on the other hand committed the same under the influence of extreme mental and emotional disturbance and also having a reasonable. Apprehension that his life was in danger No doubt, two innocent kids also received injuries in the occurrence but when once there is material to show that the accused acted in a highly disturbed mental condition, the murders cannot be said to be cold-blooded. The accused seemed to have acted in a frenzy manner in such a mental disturbed condition. We cannot also overlook the fact that there is no direct evidence connecting the accused with the murders of Tej Pal and Bhante Baba and with regards the assault on P.W. 2 and children inside the house, there is only the solitary evidence of P.W. 2 and the other children P.Ws. 3 and 4 who were examined as eye-witnesses did not support the evidence of P.W. 2.Under these circumstances, we think it may not be safe to award death sentence. Learned counsel for the State, however, invited our attention that P.W. 2 is left without any support with a family’ to be maintained. Therefore, it is a fit case where this Court should award compensation to her. We are also of the view that this is very much necessary. Section 35-(3) Cr. P.C. provides for ordering of payment by way of compensation to the victim by the accused. It is an important provision and it must also be noted that power to award compensation is not ancillary to other sentences but it is in addition thereto. (Paras 8 & 9)