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Supreme Court Of India
Om Prakash
Versus
State of Uttaranchal
Decided on : December 5, 2002
Death Sentence - Murder - IPC 302, 307 - Summary
Fact of the Case:
The appellant, a domestic servant, was convicted for the murder of three family members and attempted murder of another. The prosecution's case was based on the testimony of the sole survivor, the wife of the deceased, who provided a detailed account of the attack. The medical evidence supported the brutal nature of the killings. The appellant absconded and was arrested five years later.
Finding of the Court:
The court found the appellant guilty based on the survivor's testimony, circumstantial evidence, and the absence of any other plausible explanation for the murders. The court rejected claims of lack of motive and inconsistencies in the survivor's account, affirming the conviction and death sentence.
Issues: The key issues were the reliability of the survivor's testimony, the presence of the accused at the crime scene, and the motive for the killings.
Ratio Decidendi: The court relied on the survivor's testimony, circumstantial evidence, and the absence of alternative explanations to establish the appellant's guilt. The court also dismissed claims of inconsistencies in the survivor's account, emphasizing the traumatic circumstances and the corroborating evidence of the sweeper who witnessed the accused fleeing the scene.
Final Decision: The court affirmed the conviction and death sentence, considering the premeditated and brutal nature of the crime, the lack of mitigating circumstances, and the appellant's dangerousness to society.
Judgment
P. VENKATARAMA REDDI, J.
( 1 ) THE appellant-accused was working as a domestic servant in the house of retired brigadier Shyam Lal Khanna. According to the findings of the sessions court and the high Court, the accused put an end to the life of three members of the family including mr. Khanna and endeavoured to kill the informant Mrs. Khanna. The ghastly incident occurred in the morning hours of 15. 11. 1994 in Vasant Vihar area of dehradun. The appellant was charged under sections 302 and 307 IPC. Another person by name Nitish with whose sister the appellant had illicit intimacy was also charged under section 120 B IPC. The learned additional sessions judge. Dehradun, convicted the accused-appellant under sections 302 and 307 IPC. For committing the offence of murder, death sentence was imposed. Under section 307 IPC, he was sentenced to undergo R. I. for 7 years. The other accused was acquitted of the charge. The sessions judge made a reference under section 366 Cr. P. C. for confirmation of death sentence. The appellant also preferred an appeal from jail. The High court dismissed the appeal preferred by the accused-appellant and confirmed the death sentence and other sentences passed against him for the offences under sections 302 and 307 IPC. It is against this judgment of the High Court dated 19. 9. 2001, the present appeal has been preferred by the accused through jail authorities.
( 2 ) ONE of the victims - a retired Brigadier working with ONGC at Dehradun was living in his house with his wife Rama khanna - the informant, and his son Sarit khanna who had returned from U. K. after completing his studies two weeks earlier. The sister of the informant by name Bishna mathur was also staying in the house at the relevant time. The appellant was engaged as servant at their house about six months earlier. According to the prosecution, the day before the incident, it was decided to terminate his services on account of his objectionable behaviour and he was informed of their decision. A day later, he indulged in the ghastly attack against the entire family. The crucial evidence on behalf of the prosecution is that of PW1 Smt. Rama Khanna who gave the first information report to the police soon after the occurrence. The prosecution case as unfolded by her deposition is this : the accused was residing in the servants quarter, he having been employed about six months prior to the incident. There were instances in which the accused proved to be unreliable. He had stolen money from the purse of her husband once when she and her husband went to outstation. He killed her pet sparrow and also put feathers inside the nose of her hen. She and her husband discussed about the conduct and mentality of the accused and decided to dispense with his service from 1st December, 1994. To this effect her husband informed the accused. On 15. 11. 1994, the accused served bed tea at about 8 a. m. to her, husband and her sister. At that time her son was sleeping in the bed room. After the bed tea, her husband left the house for a morning walk as usual. PW 1 and her sister went into the bath rooms adjacent to each other. When she wanted to come out of the bath room, PW 1 found it was bolted from outside. From the window of the bath room, she communicated to her sister to open the bolt. As her sister just came out of the bath room, PW 1 heard her cries for about five minutes and then there was pin drop silence. At this PW 1 became suspicious that some untoward incident had happened. Then, the accused himself opened the bath room door in which PW 1 was confined; but, before fully opening the door and confronting the accused, she noticed that the accused was holding chilly powder in one hand and sword in another. The sword happened to be of her husband. As soon as the door was opened, the accused threw chilly powder on her and attacked with the sword. The sword luckily hit the golden bangle which she was wearing as a result of which her left wrist was
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