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SURAJ GOVINDARAJ, G. BASAVARAJA
Byluru Thippaiah @ Byaluru Thippaiah @ Nayakara Thippaiah S/O Mallappa – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
1. The Appellant is before this Court on appeal challenging the order of conviction and sentence passed by the III Additional District and Sessions Judge, Ballari (sitting at Hosapete) in Sessions Case No.5031/2017 dated 03.12.2019.
2. By way of the order of conviction, the Appellant was found guilty of an offence punishable under Section 302 of IPC, and by way of order of sentence, the Appellant was sentenced to capital punishment of death penalty for the offence under Section 302 of IPC and directed him to be hung till death. In terms of Section 366 of Cr.P.C. the matter is submitted to this Court for confirmation of sentence.
3. The case of the prosecution is that the Appellant had married deceased Pakkeeramma 12 years prior to the date of incident. Initially, the relationship between the Appellant and the deceased was cordial, later, he started suspecting the fidelity of his wife and started quarrelling with her by assaulting her physically. Though many elders and neighbours advised the Appellant, the Appellant continued the suspicion and abuse. The Appellant would often say that other than the daughter Rajeshwari the other three children, namely Basamma, Nagaraj @ Raja
In terms of Section 354(3) of Cr.P.C., it is clear that normally imprisonment for life is to be awarded and only in any exceptional circumstances death sentence is required to be awarded.
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
The court ruled that the death penalty is not warranted as the case does not fall under the 'rarest of rare' category, emphasizing the need for special reasons for such a sentence.
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
The court modified the death sentence to life imprisonment without remission for 30 years, emphasizing the need for proportionality in sentencing while acknowledging the heinous nature of the crime.
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
Offence of Murder – Death Sentence Confirmed - Imposition of death sentence in ‘rarest of rare’ cases - Instant case falls in category of 'rarest of rare case', warranting capital punishment. Hence d....
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