The judgment establishes that in cases of brutal and heinous crimes, the imposition of the death penalty may be justified under Section 302 IPC.

Judgment

SETHI, J.- The appellant was charged under Sections 302 and 326 IPC for having caused the death of four persons of a family, namely, Mr Babani Charan Das, Assistant Engineer, PWD, Morigaon Division, aged 37 years, his wife Smt Minati Das, aged about 30 years, their daughter aged 2-1/2 years and Ms Smriti Rekha Das, sister of Babani Charan Das aged about 22 years. He was also charged with having caused injuries with the sharp-edged weapon to Smt Jayanti Das, the mother of Deceased 1 and Shri Rajen Hazarika, neighbour of the deceased. On proof of charges, the trial court convicted the appellant of the offences punishable under Sections 302, 326, 325 and 323 IPC. As he was sentenced to death under Section 302 IPC, the trial court did not feel the necessity of awarding separate punishments for offences under Sections 326, 325 and 323 IPC. The trial court submitted the entire proceedings to the High Court for confirmation of the sentence. The appellant also filed an appeal against the order of conviction and sentence passed by the trial court. Both Criminal Death Reference No.1 of 1998 and Criminal Appeal No. 109 of 1998 were disposed of by the judgment impugned in this appeal by confirming the conviction and sentence awarded by the trial court. Not satisfied with the impugned judgment, the appellant has preferred the present appeal in this Court.

2. We have heard the learned amicus curiae appearing for the appellant and the learned counsel for the respondent. We have also perused the record and minutely examined the evidence led in the case. The report recording the mental state examination of the appellant has also been examined by us.

3. Learned amicus curiae has submitted that as there was no direct evidence available in the case it would not be safe to convict and sentence the appellant for the offence of murder as has been done by the courts below. We are not satisfied with this submission. It is generally believed and accepted that the witnesses may lie but the circumstances cannot. The trial court has enumerated the circumstances appearing against the accused as under:

"(1) On the fateful day, the inmates of the house present were Babani Charan Das, his wife Minati Das, his only daughter Darathi Das and his sister Smriti Rekha Das and the accused Ramdeo Chauhan alias Rajnath Chauhan. Another inmate of the house, mother of Babani Charan Das was absent on that day.

(2) All the four members of the ill-fated family were found dead and their dead bodies were lying in three different rooms in a pool of blood and all the doors and windows of. the house were closed and the front door was under lock to give an impression that the inmates of the house had gone somewhere.

(3) At that time, the only alive person present in the house was the a accused and no prudent person would believe that he had no knowledge that all the inmates of the house were lying dead inside the rooms.

(4) Intentionally he gave false information to PW 5 that all the four inmates of the house were sleeping in their rooms.

(5) When PW 5 entered into the room and shouted seeing the ugly scene, she was attacked by the accused Ramdeo Chauhan alias Rajnath Chauhan.

(6) Perhaps, if the handle of the spade would not have been broken during tussle there was every possibility of killing PW 5 by the accused with the spade.

(7) He also attacked Rajen Hazarika (PW 1) when he went to save the old lady from his (accused) attack.

(8) Conduct of the accused in attacking and assaulting PW 5 and PW 1 is another factor indicating his involvement in the ghastly crime. (9) The accused also led the police to recover the spade which was used in commission of the crime, which was seized and exhibited in the Court.

(10) Lastly, he confessed his guilt."

4. The trial court has rightly concluded that the prosecution had fully established the existence of the aforesaid circumstances and the circumstances narrated created such a complete chain in itself which lead to the only co