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SUPREME COURT OF INDIA
Ranjan Gogoi, Arun Mishra, Prafulla C. Pant, JJ.
C. Muniappan and others - Petitioners
Versus
State of Tamil Nadu - Respondent
Review Petition (Crl.) Nos. 201 OF 2016 [D. No. 14086 of 2011] in Criminal Appeal No. 127-130 OF 2008
Decided On : 11-03-2016
Death Penalty - Review Petitions - IPC Section 302 - Summary
Fact of the Case:
The review petitioners were sentenced to death for causing death to three young girl students by setting fire to their bus during a mob frenzy. The review petitioners sought to modify the sentence to life imprisonment based on overlooked vital facts and circumstances.
Finding of the Court:
The Court found that the acts were committed in the course of a mob frenzy and were not premeditated or planned. The Court concluded that the extreme punishment was not warranted and commuted the sentence to life imprisonment for each of the review petitioners.
Issues: The main issue was whether the death penalty was appropriate in the given circumstances, considering the principles of aggravating and mitigating circumstances, and the possibility of reformation and rehabilitation of the accused.
Ratio Decidendi: The Court considered the totality of the circumstances, including the nature of the offense, lack of premeditation, and the principles of aggravating and mitigating circumstances, to conclude that the extreme punishment was not justified.
Final Decision: The Court allowed the review petitions and commuted the sentence of death to one of life imprisonment for each of the review petitioners.
The Supreme Court upheld the appellants' convictions under Sections 302, 149, 435, 436, 148, 147, and 120B IPC for murder and related offenses arising from a mob violence incident during communal riots. (!) (!) (!) (!) (!) (!) The incident involved spontaneous arson, looting, and killings without premeditation, planning, or targeting specific victims, occurring in a frenzied mob atmosphere. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) The Court confirmed life sentences for 11 convicts and commuted the death sentences of two to life imprisonment, emphasizing the "rarest of rare" doctrine. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) Aggravating factors (collective mob violence, multiple deaths) were balanced against mitigating factors (spontaneity, lack of brutality like rape or torture, young age of some accused, no continuing threat, potential for reformation), finding death penalty disproportionate. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) Life imprisonment was deemed sufficient to meet retributive, deterrent, and reformative justice goals. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) Appeals against acquittals were dismissed due to insufficient evidence identifying acquitted persons in the mob. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
ORDER :
1. This open court hearing of the present review petitions is pursuant to the order of the Constitution Bench of this Court in the case of Mohd. Arif alias Ashfaq v. Registrar, Supreme Court of India and others reported in (2014) 9 SCC 737.
2. We have heard Shri L. Nageswara Rao and Shri Sushil Kumar, learned Senior Counsels appearing for the accused review petitioners who have been sentenced to death following their conviction under Section 302 IPC. We have also heard Shri M. Yogesh Kanna, learned counsel for the State of Tamil Nadu.
3. The arguments on behalf of the review petitioners have been confined to the question of sentence only. It has been submitted that having regard to the facts and circumstances borne out by the evidence on record, the judgment under review overlooks certain vital facts and circumstances that ought to have been considered while deciding on the sentence awarded. It is therefore submitted that the sentence imposed on the accused - review petitioners be modified and the sentence of death awarded be commuted to one of life imprisonment.
4. To determine the question at issue a brief narration of the relevant facts would be required.
On 22nd January, 2000, students of the Horticulture College and Research Centre, Periakulam, affiliated to the Tamil Nadu Agricultural University, Coimbatore had set out on an educational tour in two buses carrying male and female students separately. The students apparently had an outing on 1st February, 2000 and on the next day i.e. 2nd February, 2000 at about 12.30 p.m. their buses had been parked in front of the Saravanabhavan Hotel where they had their meals. At about this point of time there appears to have been some kind of a mob fury by the party workers of the AIADMK Party who armed with sticks and stones were causing damage to public property. The mob fury was on account of the conviction and sentence awarded to Ms. J. Jayalalitha, who was then the Chief Minister of the Tamil Nadu, in a criminal case. Fearing for safety, the bus driver carrying the girl students parked the bus at a vacant place near an old petrol bunk. The review petitioners i.e. Nedu @ Nedunchezhian (Accused No.2), Madhu @ Ravindran (Accused No.3) and C. Muniappan (Accused No.4) who were a part of the mob went to the motor workshop of one B. Kamal (P.W.86), namely, "Majestic Auto Garage" and procured petrol in two plastic canes. It appears that while Nedu @ Nedunchezhian (Accused No.2) and Madhu @ Ravindran (Accused No.3) sprinkled petrol inside the bus through the first two shutters on the left side, Nedu @ Nedunchezhian (Accused No.2) lit a matchstick and threw it inside the bus. Both Nedu @ Nedunchezhian (Accused No.2) and Madhu @ Ravindran (Accused No.3) thereafter went towards a motor bike which was kept ready for running by C. Muniappan (Accused No.4) and together the three of them fled from the scene. The aforesaid facts have been found to be conclusively proved by the evidence and materials on record by the learned trial court as well as by the High Court. Affirming the said findings, a two Judge Bench of this Court, by the judgment dated 30th August, 2010, had thought it proper to award the death sentence on the review petitioners for causing death to three young girl students who were inside the bus. It may be mentioned, at this stage, that in the incident that had occurred many other girl students, though had managed to come out of the bus, had sustained burn injuries and had also sustained other injuries.
5. The learned Senior Counsels for the review petitioners [Nedu @ Nedunchezhian (Accused No. 2), Madhu @ Ravindran (Accused No.3) and C. Muniappan (Accused No.4)] have drawn the attention of the Court to the consideration bestowed by the bench hearing the appeal to the principles laid down in Bachan Singh v. State of Punjab [(1980) 2 SCC 684 = AIR 1980 SC 898] so far as the aggravating and mitigating circumstances and the requirement of balancing of both is concerned. In paragraph
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