The court upheld that the death penalty is an exception, emphasizing rehabilitation and reformation when sentencing for serious crimes, mandating consideration of the offender's background and potential for reformation.

JUDGMENT :

K. Sreenivasa Reddy, J.

The appellant herein is the accused in Sessions Case No.59 of 2014 on the file of the VIII Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against Woman, Nellore (hereinafter referred to, as ‘the Sessions Judge’).

2. Originally, the appellant herein and two others viz. T. Vamsi Krishna (hereinafter referred to, as ‘J1’) and G. Murali Manohar (hereinafter referred to, as ‘J2’) are alleged to have involved in the aforesaid offences. Since the said persons were juveniles-in-conflict-with-law, they were tried in accordance with the procedure contemplated under the Juvenile Justice (Care and Protection of Children) Act, 2015.

3. The appellant/accused was tried for the offences punishable under Sections 302 , 397, 307 and 449 read with 34 of the INDIAN PENAL CODE , 1860 (for brevity ‘IPC’). Vide impugned Judgment, dated 06.02.2020, the learned Sessions Judge convicted the appellant/accused of the offences punishable under Sections 302 , 397, 307 and 449 read with 34 IPC and sentenced him to undergo rigorous imprisonment for a period of seven (07) years for the offence punishable under Section 397 IPC and to undergo imprisonment for life concurrently for the offences punishable under Sections 449 and 307 IPC (under two counts) and the sentence of life imprisonment shall be full span of life without any remission. Further, the accused was ordered to hanged by the neck till he is dead for the offence punishable under Section 302 IPC (under two counts), as contemplated under Section 353 (5) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) subject to confirmation by this Court under Section 366 CrPC.

4. The substance of charges as against the accused is that on 12.02.2013 at about 11.30 a.m., at Door No.16-11-325, 1st floor, 2nd street, Haranadhapuram, Nellore, the accused caused the death of one Asodhi Sakunthala and Asodhi Bhargavi (hereinafter referred to, as ‘D1’ and ‘D2’, respectively) using deadly weapons viz. button knife and iron pipe and thereby committed an offence punishable under Section 302 IPC.

In the course of same transaction, on the same date, time and place mentioned above, the accused did commit dacoity of one mobile phone and gold jewellery viz. gold bondu sarudu, gold chain, gold ear studs and anklets from the body of the deceased and thereby committed an offence punishable under Section 397 IPC.

In the course of same transaction, on the same date, time and place mentioned above, the accused stabbed P.Ws.1 and 2 with button knife and beat with iron pipe, with such intention and under such circumstances that if by that act the accused had caused death of P.Ws.1 and 2, he would have been guilty of murder, and thereby committed an offence punishable under Section 307 IPC.

In the course of same transaction, on the same date, time and place mentioned above, the accused committed house trespass along with J1 and J2, by entering into the house of P.W.1, used as a human dwelling, in order to commit an offence punishable with death and thereby committed an offence punishable under Section 449 read with 34 IPC.

5. Case of the prosecution, in brief, is as follows:

P.W.1 is husband of D1 and father of D2. P.Ws.3 and 4 are related t